Anil Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62091 of 2024 Arising Out of PS. Case No.-143 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Anil Ray son of Jageshwar Ray @ Fakira Rai village- Salempur PS- Lalganj District -Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Bela Singh, Advocate For the Opposite Party/s :
Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in Lalganj P.S. Case No. 143 of 2023, registered under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, 70 liters liquor was recovered from the agricultural field.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submitted that the petitioner was not present at the place of occurrence. The petitioner had no knowledge that the liquor was
Patna High Court CR. MISC. No.62091 of 2024(2) dt.30-08-2024 2/2 present at the alleged place of occurrence. Name of the petitioner has transpired on the basis of disclosure made by local chowkidar with whom petitioner has enmity. The petitioner has got two criminal antecedents. There is no compliance of Section 100 of Cr.P.C.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below 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 each to the satisfaction of Court below/concerned Court in connection with Lalganj P.S. Case No. 143 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T