Patna High CourtCR. MISC./46902/2024bail granted

Bajrangi Rai @ Bajrangi Ray v. The State Of Bihar

2024-07-24Mr. Justice Alok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46902 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- BANIAPUR District- Saran ====================================================== BAJRANGI RAI @ BAJRANGI RAY S/O RAMDEO RAI R/O VILLAGESUBAI SHAHPUR (JAHAGIRPUR), P.S- BANIYAPUR, DISTT.- SARAN AT CHAPRA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kumari For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Baniyapur P.S. Case No. 43/2024 registered for the offences punishable under Sections .30(a) of the Bihar Prohibition and Excise Act 2016.

3. As per prosecution case, 40 litres illicit liquor was recovered from motorcycle in question and apprehended co-accused Sanjay Ram disclosed the name of present petitioner who fled away the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner motorcycle in question does not belong to the petitioner and nothing has been recovered from conscious

Patna High Court CR. MISC. No.46902 of 2024(2) dt.24-07-2024 2/2 possession of the petitioner. Except disclosure of co-accused Sanjay Ram, there is nothing on record to demonstrate the complicity of present petitioner with the alleged occurrence. Petitioner bears one criminal antecedent in which he is on bail.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides 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 bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-2 Saran at Chapra in connection with Baniyapur P.S. Case No. 43/2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Alok Kumar Pandey, J) krishnakant/- U T