Dharmendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63366 of 2021 Arising Out of PS. Case No.-100 Year-2021 Thana- SABAUR District- Bhagalpur ====================================================== 1.

DHARMENDRA RAY Son of Late Ashok Ray Resident of Village - Jhoka, P.S. - Thinpahar, District - Sahebganj, State - Jharkhand at present Address Ward no. 9, English, P.S. - Sabour, District - Bhagalpur. 2.

Bachchu Ray @ Jitendra Kumar Ray Son of Late Ashok Ray Resident of Village - Jhoka, P.S. - Thinpahar, District - Sahebganj, State - Jharkhand at present Address Ward no. 9, English, P.S. - Sabour, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-12-2021 Heard the parties.

The petitioners apprehend their arrest in connection with Sabour P.S. Case No. 100 of 2021 registered for the offence under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. It is submitted on behalf of the petitioners that they are residing in Jharkhand and not at the place of occurrence and they have been falsely implicated in this case because of property dispute. The Mukhiya concerned has issued a certificate to this effect. Considering the aforesaid facts, the petitioners are granted anticipatory bail till submission of the charge-sheet, let above named petitioners, in the event of their arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.63366 of 2021(2) dt.17-12-2021 2/2 of learned Additional Sessions Judge-II-cum-Special Judge Excise Actcum-Special Judge Vigilance (Trap) Act, Bhagalpur in connection with Sabour P.S. Case No. 100 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

The petitioners will join the investigation and produce all the materials as well as the witnesses in support of the fact that they did not reside at the place of occurrence.

If, this submission is found true, the anticipatory bail granted to the above named petitioners till submission of charge-sheet shall be confirmed.

If, it is found false during investigation, the petitioners shall be taken into custody after submission of charge-sheet. (Sandeep Kumar, J) pravinkumar/- U T