Ajay Rai @ Ajay Ray @ Ajay Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42571 of 2024 Arising Out of PS. Case No.-409 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== AJAY RAI @ AJAY RAY @ AJAY KUMAR RAI SON OF GONI RAI Resident of Village- Maksudpur, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of six cases and allegation is of recovery of 1988.28 litres of liquor from a container. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized container and he came to be implicated based on secret information which is the easiest way to implicate someone. It is also submitted that police at times in order to save the real culprit

Patna High Court CR. MISC. No.42571 of 2024(2) dt.30-08-2024 2/2 implicates mechanically taking aid of secret information. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically. 5.

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

6.

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. 30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Muzaffarpur Excise P.S. Case No. 409 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of more than six cases, in that event, the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) SUMIT/- U T