Dayanand Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42008 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- JOKIHAT District- Araria ====================================================== Dayanand Ray S/o LakhanRay Resident of village-Bikoaahi Bishunpur, P.S.- Patepur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Kumar Sinha, Advocate For the Opposite Party/s :

Md. Gulnar Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 04-07-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. This application for grant of anticipatory bail in connection with Jokihat P.S. Case No. 48 of 2025 registered for the offences punishable under sections 319(2), 111(3) of B.N.S. and 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, the police got secret information that a six wheeler D.C.M. truck loaded with illegal liquor was coming from the side of Bahadurganj. The same was intercepted and two persons were apprehended who disclosed their name as Sanjeev Kumar and Shivashu Kumar. On search total 2275.200 litres of foreign liquor was recovered from the same and from the registration no., it was found that the owner of the truck was Dayanand Ray (petitioner).

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4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated and admittedly he was not apprehended at the place of occurrence along with seized liquor. It is further submitted that nothing has been recovered from his conscious possession and his name has transpired in this case on the statement of driver who was apprehended at the place of occurrence. It is next submitted that the driver has been enlarged on bail by this Hon'ble Court. It is lastly submitted that the petitioner has one criminal case against his name though not of similar nature and he is on bail. The learned counsel for the petitioners undertakes to deposit a sum of Rs. 10,000/- in the account of Advocate Association of the Patna High Court, Patna.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid submissions made by the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on deposition of a sum of Rs. 10,000/- to the Advocate Association of the Patna High Court, Patna, and an acknowledgment receipt be submitted before the learned Court below prior to the furnishing bail bonds on furnishing

3/4 bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending/successor court in connection with Jokihat P.S. Case No. 48 of 2025, subject to the following conditions:- (i) One of the bailors will be his close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in

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7. The application stands allowed.

(Sourendra Pandey, J) Siwani/- U T