Ram Babu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3915 of 2021 Arising Out of PS. Case No.-267 Year-2018 Thana- TARAIYA District- Saran ====================================================== 1.

RAM BABU RAY Son of Arajdeo Ray Resident of Village-Achitpur, P.S.- Isuapur, District-Saran.

2.

GUDDU SINGH @ GUDDU KUMAR SINGH Son of Shivji Singh Resident of Village-Achitpur, P.S. Isuapur, District-Saran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Singh- Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-08-2021 Heard Mr. Mukesh Kumar Singh, the learned Advocate for the petitioners and Mr. Anuj Kumar Shrivastava, the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Taraiya P. S. Case No.267 of 2018, instituted for the offences under Sections 188, 272, 273/ 34 of the Indian Penal Code and Sections 30, 38, 41 of the Bihar Prohibition and Excise Act, 2016.

6400 litres of liquor is said to have been recovered from a vehicle from a sugarcane field. The name of the petitioners has transpired in the statement of the spy of the police. Beyond such statement, there is no other material to connect the petitioners with the offence. The petitioners are persons of clean antecedents.

Two of the other accused persons having similar

Patna High Court CR. MISC. No.3915 of 2021(2) dt.04-08-2021 2/2 allegations have been granted anticipatory bail by a coordinate Bench of this Court in the year 2019.

For the facts stated above, it has been submitted that the offence under the Excise Act cannot be said to have been made out against the petitioners, who have clean records. Regard being had to the facts afore-stated, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Excise, Saran, Chapra in connection with Taraiya P. S. Case No.267 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T