Dashrath Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46079 of 2021 Arising Out of PS. Case No.-425 Year-2020 Thana- PATNA CITY CHOWK District- Patna ====================================================== DASHRATH RAY S/o- Bhavichhan Ray R/o Village- Kauakhoh, Near Mata Maiya Temple, P.S.- Chowk, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Chowk P.S. Case no. 425 of 2020 instituted for the offence under Section 30(a) of the Bihar Prohibition of Excise Act. Prosecution case relates to recovery of 32 litres from possession of co-accused Niranjan Ray.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the apprehended co-accused, namely, Niranjan Ray

Patna High Court CR. MISC. No.46079 of 2021(2) dt.03-03-2022 2/2 before the police, which has no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Chowk P.S. Case no. 425 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U