Shibendu Ray @ Mithu Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55288 of 2023 Arising Out of PS. Case No.-110 Year-2023 Thana- BISFI District- Madhubani ====================================================== SHIBENDU RAY @ MITHU RAY SON OF CHANDRA SHEKHAR RAY R/O VILLAGE- PHULBARIYA, P.S. BENIPATTI, DIST- MADHUBANI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code and Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 347.355 litres foreign liquor has been recovered from the truck bearing Registration No. BR 06 GD 2634. It is alleged that two persons were apprehended on the spot who disclosed that the consignment was to be delivered to this petitioner and others.
4. Learned counsel for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner. Petitioner is neither driver nor owner of the truck in question and he is not concerned with the
Patna High Court CR. MISC. No.55288 of 2023(2) dt.24-08-2023 2/2 alleged recovery. Petitioner claims clean antecedent.
5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J II cum Special Judge, Excise Act, Madhubani in connection with Bisfi P. S. Case No. 110 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T