Ratnesh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60116 of 2024 Arising Out of PS. Case No.-200 Year-2024 Thana- Excise P.S. District- Samastipur ====================================================== Ratnesh Ray S/O Late Ram Lolin Ray @ Ram Lagan Ray R/V-Dudhpura, P.S- Muffasil, District-Samstipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar, Advocate For the Opposite Party/s :
Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act in connection with Samastipur Sadar P.S. Case No.200 of 2024.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 4006.17 liters of liquor from the house of Ganaur Thakur.
4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and he came to be implicated at the instance of local villager, but then it is submitted that police
Patna High Court CR. MISC. No.60116 of 2024(2) dt.21-08-2024 2/3 in majority of the cases implicates either at the instance of the 'Chowkidar', local villager, secret information or confessional statement in a mechanical manner without holding proper investigation. It is also submitted that once a person is implicated in a case relating to excise, in that event the police starts implicating mechanically.
5. The learned APP for the State opposes the anticipatory bail application.
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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court-2, Samastipur in connection with Samastipur Sadar P.S. Case No.200 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than three cases, in
Patna High Court CR. MISC. No.60116 of 2024(2) dt.21-08-2024 3/3 that event, the present anticipatory bail order shall not be given effect.
8. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T