Naresh Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37480 of 2017 Arising Out of PS.Case No. -168 Year- 2017 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Naresh Ray, son of Ram Prit Roy, resident of Village- Jitwarpur Nizamat, P.S. Muffasil, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shambhu Sharan Singh For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 9/ 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Muffasil P.S. Case No.168 of 2017 instituted for the offence under Section(s) 30, 36, 38 and 41 of the Bihar Prohibition and Excise Amendment Act, 2016.

Counsel for the petitioner has submitted that from the seizure list, it would be apparent that alleged recovery has been made from the house of Shatrudhan Rai. Petitioner is said to be the brother of aforesaid Shatrudhan Rai. He is living separate from his brother. Petitioner has clean antecedents. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within

Patna High Court Cr.Misc. No.37480 of 2017 (9) dt.13-11-2017 2/2 six weeks from today in connection with Muffasil P.S. Case No.168 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ADJ, 6th, Samastipur, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T