Sanjay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50993 of 2022 Arising Out of PS. Case No.-1055 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Sanjay Ray S/O Ramji Ray Resident Of Village- Adalpur, P.S.- Hajipur Sadar, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case in connection with Hajipur Sadar P.S. Case No. 1055 of 2021 registered for the offences punishable under Sections 420, 272, 273 of Indian Penal Code and Sections 30(a), 32(2)(3), 33, 41, 47 of the Bihar Prohibition & Excise Act.

There is recovery of 2664 litres of IMFL from a truck and 60 litres 48 ml IMFL from a KUV Car. Four persons were apprehended from spot, who disclose their name as Subhash Kumar Rai, Ganesh Kumar Jha, Aman Kumar, Upendra Singh. The apprehended person, Ganesh Kumar Jha disclose the name of petitioner as one of his associates.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.50993 of 2022(2) dt.16-11-2022 2/2 that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized illicit liquor. Learned APP appearing on behalf of the State vehemently opposed the prayer of petitioner and submitted that petitioner has seven antecedents of similar nature. Considering the fact that petitioner is accused in seven other cases apart from the present one, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the petition is rejected with a liberty to the petitioner to surrender before learned Court below and pray for regular bail. The learned Court below may consider the prayer for regular bail of the petitioner, keeping in view the facts discussed above and without being prejudiced by the order of this Court.

(Sunil Kumar Panwar, J) nirajkrs/- U T