Sanjay Rai @ Sanjay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40546 of 2023 Arising Out of PS. Case No.-257 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== Sanjay Rai @ Sanjay Ray S/O Jailal Rai @ Jiyalala Rai R/O VillageGopinathpur, Dokra @ Doghra, Ps. Saraiya, Dist. Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2023 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 30(a), 32 (ii) (iii), 36 and 41(i) 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 1086 litres of liquor from the campus of petitioner's ply mill.

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 further submitted that from perusal of the seizure list it would manifest that the seizure was made from a place near the mill of Sanjay

Patna High Court CR. MISC. No.40546 of 2023(2) dt.03-07-2023 2/2 Rai (petitioner), it is further submitted that the campus from where the alleged recovery was made does not belong to the petitioner and he came to be implicated merely because the recovery was made from a place which is adjacent to his ply mill when admittedly the petitioner is a person with clean antecedent.

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 Saraiya P.S. Case No. 257 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T