Sanjeev Ray @ Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56845 of 2024 Arising Out of PS. Case No.-142 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== Sanjeev Ray @ Sanjeev Kumar Son of Harikishun Ray R/O Vill.- Jitwarpur Chauth Farpura, P.s.- Mufassil, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-08-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 41(1), 41(2) of the Bihar Prohibition and Excise Act in connection with Ujiarpur P.S. Case No.142 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 4200 liters of liquor from a Truck.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner or driver of the truck and he

Patna High Court CR. MISC. No.56845 of 2024(2) dt.09-08-2024 2/3 came to be implicated based on secret information which is the easiest way to implicate someone. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local people, confessional statement or secret information. It is next submitted that it appears that the police in order to save the real culprits falsely implicated the petitioner, taking advantage of his antecedent.

5. The learned APP for the State opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000 /- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-Ist, Samastipur in connection with Ujiarpur P.S. Case No.142 of 2024, subject to the conditions 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

Patna High Court CR. MISC. No.56845 of 2024(2) dt.09-08-2024 3/3 criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than two cases, in that event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T