Shyambabu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51762 of 2024 Arising Out of PS. Case No.-17 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Shyambabu Ray S/o Garbhu Ray 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. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Mr. Rabindra Kumar. 2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), (c), (d) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of four cases and allegation is of recovery of 200 litres of liquor along with 7200 Kg of Jaggery solution from a Bamboo orchard.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which is accessible to public at large

Patna High Court CR. MISC. No.51762 of 2024(2) dt.01-08-2024 2/3 and does not belong to the petitioner and he came to be implicated at the instance of local people, but then the name of the person, who disclosed the name of the petitioner is not disclosed in the FIR, which casts an aspersion on the case of the prosecution as it appears that police, in order to save the real culprit, falsely implicated the petitioner taking advantage of his antecedents.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ganga Bridge P.S. Case No. C2A.17 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is

Patna High Court CR. MISC. No.51762 of 2024(2) dt.01-08-2024 3/3 found that the petitioner has antecedent of more than four cases, in that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) SUMIT/- U T