Patna High CourtCR. MISC./43583/2023bail granted

Chhotan Ray @ Chhatan Ray v. The State Of Bihar

2023-07-17Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43583 of 2023 Arising Out of PS. Case No.-299 Year-2023 Thana- NAGAR District- Vaishali ====================================================== CHHOTAN RAY @ CHHATAN RAY Son of Teni Ray @ Nagendra Ray @ Nagendra Rai Resident of Mohalla-Gudari Bazar, P.S.-Hajipur Town, District -Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-07-2023

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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

4. Allegation is of recovery of 7.05 litres of liquor from the possession of Ranjeet Singh.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession, he came to be implicated based on the confessional statement of co-accused Ranjeet Singh in police custody which does not have any

Patna High Court CR. MISC. No.43583 of 2023(2) dt.17-07-2023 2/2 evidentiary value in the eye of law.

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

7. 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.5,000/- (Rupees Five 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 Hajipur Town P.S. Case No. 299 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T