Ashok Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34798 of 2022 Arising Out of PS. Case No.-74 Year-2020 Thana- AKILPUR District- Saran ====================================================== ASHOK RAY SON OF LATE RAMNATH RAI RESIDENT OF PURANI PANAPUR, P.S. - AKILPUR, DISTRICT- SARAN (CHAPRA) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30, 30(a) and 31(i) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 70 litre of liquor from a Bhathi at Kasim Chak Diyara.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that even the place from where the alleged recovery was made is

Patna High Court CR. MISC. No.34798 of 2022(2) dt.22-08-2022 2/2 accessible to public at large and petitioner came to be implicated at the instance of the Chawkidar when he has no connection with the Bhathi in question.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Akilpur P.S. Case No. 74 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T