Brajesh Ray @ Barjesh Ray @ Baleshwar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54762 of 2023 Arising Out of PS. Case No.-308 Year-2023 Thana- GORAUL District- Vaishali ====================================================== BRAJESH RAY @ BARJESH RAY @ BALESHWAR RAY S/O LATE RAM VIRIKSH RAY R/O VILLAGE- MANSURPUR, P.S- GORAUL (KATAHRA O.P.), DISTT.- VAISHALI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. Arun Kumar ====================================================== 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 offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 663 liters of liquor from a four-wheeler and also from the house of the petitioner.

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 and he came to be implicated based on the confessional statement of Ayodh Kumar in police custody which does not have any evidentiary value, it is next submitted that the petitioner is not the owner of the

Patna High Court CR. MISC. No.54762 of 2023(2) dt.24-08-2023 2/2 seized vehicle and the alleged house from where the recovery was made is an abundant place and no one lives there and is accessible to villagers at large, it is next submitted that no prudent person would use his own premise for committing a crime and thus would create an evidence against himself and hence would get implicated easily.

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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Goraul (Katahra O.P.) P.S. Case No. 308 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T