Vimal Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52540 of 2024 Arising Out of PS. Case No.-18 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== 1.
Vimal Ray, S/o Late Jagdish Rai R/o vill - Diwantok ward No 5, P.s.- Ganga Bridge, Distt. - Vaishali 2.
Jaynath Kumar, S/o Buneshwar Rai R/o vill - Diwantok ward No 5, P.s.- Ganga Bridge, Distt. - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kahkashan Alam For the Opposite Party/s :
Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-09-2024
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 30(a)(c)(d) of the Excise Act.
3. The learned counsel for the petitioners submits that the petitioners have antecedent of two cases and allegation is of recovery of 250 litres of liquor along with 4000kg. of Jaggery solution from a banana orchard.
4. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.52540 of 2024(3) dt.09-09-2024 2/3 recovery is from a place, which does not belong to the petitioners and is accessible to public at large and they came to be implicated at the instance of Chaukidar. It is next submitted that police in majority of cases implicating innocent persons either at the behest of Chaukidar, local person, secret informant and confessional statement in a mechanical manner without holding proper investigation.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Excise Court No.2-cum-A.D.J., Vaishali at Hajipur in connection with Ganga Bridge P. S. Case No.C2A Case No.18 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court before accepting the bail bonds of the petitioners shall verify the
Patna High Court CR. MISC. No.52540 of 2024(3) dt.09-09-2024 3/3 criminal antecedent of the petitioners and in the event, if it is found that petitioners have antecedent of more than two cases, in that event, the present anticipatory bail order shall not be given effect to.
(Satyavrat Verma, J) vikash/- U T