Satyendra Ray @ Nirsu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32343 of 2016 Arising Out of PS.Case No. -143 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictVAISHALI(HAJIPUR) ======================================================

1. Satyendra Ray @ Nirsu Ray son of late Baleshwar Ray resident of Village- Singhada Tand, P.s.- Mahua District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Narain, Sr. Advocate Mr. Rajeev Ranjan Sinha For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-09-2016 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 47(a)(d), 51 and 54 of the Excise Act.

Learned Senior Counsel for the petitioner submits that certain recoveries are alleged to have been made from the house of the petitioner. He, however, submits that such recoveries were not made from his conscious possession. Furthermore, though the said recoveries are said to have been made on 02.05.2016, the case was forwarded to the Court of Chief Judicial Magistrate, Hajipur only on 27.05.2016, for which no plausible explanation has been offered by the concerned person who had conducted the raid.

Patna High Court Cr.Misc. No.32343 of 2016 (2) dt.02-09-2016 P2/2 Considering the nature of allegations and there being no criminal antecedent of similar nature, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with complaint Case No. C2A 143/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T