Rajbalam Ray @ Rajballam Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51231 of 2022 Arising Out of PS. Case No.-257 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== RAJBALAM RAY @ RAJBALLAM RAY Son of S/o Bhola Ray R/VEndrawara, P.S- Tajpur (Halai OP) Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 14 litres liquor from a gallon from a road near Karikh Asthan.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated at the instance of local people but the name of the local people is not disclosed in the F.I.R. Learned counsel submits that though a submission has been made that the petitioner is a person

Patna High Court CR. MISC. No.51231 of 2022(2) dt.30-09-2022 2/2 with clean antecedent but the said fact inadvertently could not be stated at paragraph '3' of the anticipatory bail application Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Excise Case No. 257 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. The learned trial court shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent, then the bail bonds of the petitioner shall be canceled forthwith and the petitioner will be taken into custody. (Satyavrat Verma, J) Rishi/- U T