Patna High CourtCR. MISC./54917/2023bail granted

Jitendra Rai @ Jitendar Ray v. The State Of Bihar

2023-08-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 54917 of 2023 Arising Out of PS. Case No.-528 Year-2023 Thana- NAGAR District- Vaishali ====================================================== JITENDRA RAI @ JITENDAR RAY SON OF LATE RAM DAYALU RAI RESIDENT OF VILLAGE- GANDHI CHOWK NEAR RAILWAY TRACK, PS- HAJIPUR TOWN, DISTT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashish Kumar Ranjan, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 44.460 liters of liquor from the asbestos house of Dileep Rai.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that he is not related to Dileep Rai and he came to be

Patna High Court CR. MISC. No. 54917 of 2023(2) dt.24-08-2023 2/2 implicated merely based on disclosure made by the villager but then the FIR does not disclose the name of the villager who disclosed the name of the petitioner which casts an aspersion on the case of the prosecution.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Hajipur Town P.S. Case No. 528 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T