Sanjay Kumar @ Sanjay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42449 of 2022 Arising Out of PS. Case No.-242 Year-2021 Thana- MANIYARI District- Muzaffarpur ====================================================== Sanjay Kumar @ Sanjay Ray Son of Brij Nandan Ray @ Brij Nand Ray Resident of Village - Chak Mehsi, P.S.- Maniyari, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner has antecedent of two cases.

Allegation is of recovery of 318.375 litre of liquor from the house of Uma Shankar Rai.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. He further submits that petitioner came to be implicated based on the confessional

Patna High Court CR. MISC. No.42449 of 2022(2) dt.29-08-2022 2/2 statement of Uma Shankar Rai which has no evidentiary value in the eye of law nor he is related to Uma Shankar Rai. 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.10,000/- (Rupees Ten 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 Maniyari P.S. Case No. 242 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T