Rambabu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36220 of 2023 Arising Out of PS. Case No.-305 Year-2018 Thana- DORIGANJ District- Saran ====================================================== RAMBABU RAY S/O BALIRAM RAY R/O Village. Rampur Bindgaon, PS. Doriganj, Dist. Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 and 273 of the IPC and Sections 30(a) and 38 of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 100 liters of liquor from a motorcycle found near the bank of river Ganga.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner being owner of the motorcycle came to be implicated. It is further submitted that no prudent man would

Patna High Court CR. MISC. No.36220 of 2023(2) dt.22-06-2023 2/2 use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated.

It is next submitted that petitioner was completely unaware that his friend would misuse his vehicle in the manner as alleged.

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 trial court 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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Doriganj P.S. Case No. 305 of 2018 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T