Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56617 of 2022 Arising Out of PS. Case No.-709 Year-2021 Thana- SONEPUR District- Saran ====================================================== Sanjay Rai, Son Of Harinandan Ray Resident Of Village- Sabalpur Newal Tola, P.S.- Sonepur, District- Saran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) and 41(i) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 43.5 litres of liquor from village Sabalpur Bin Toli and 30 litres of liquor from the house of Suresh Chaudhary. The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that even the alleged recovery is from a place which does not belong to the petitioner and he came to be implicated at the

Patna High Court CR. MISC. No.56617 of 2022(2) dt.04-11-2022 2/2 instance of local people whose name is not disclosed in the F.I.R. It is also submitted that petitioner because of his antecedent was falsely implicated.

Learned A.P.P. opposes the bail application.

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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sonepur P. S. Case No.709 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T