Laxman Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55518 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- Excise P.S. District- Samastipur ====================================================== Laxman Ray Son of Ram Bilash Ray R/o Belsandi Ward no.-02, P.s.- Bibhutipur, Dist.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends his arrest in connection with Rosera Excise P.S. Case No. 08 of 2024 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 262.185 litres of Foreign liquor was recovered from animal shed. 4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. From perusal of the FIR, it appears that apprehended co-accused, Anjali Kumari, has disclosed the

Patna High Court CR. MISC. No.55518 of 2024(2) dt.09-08-2024 2/2 name of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C. 5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six months from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rosera Excise P.S. Case No. 08 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Raj Kishore/- U T