Sarvesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40722 of 2017 Arising Out of PS.Case No. -82 Year- 2017 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== Sarvesh Ray Son of Ramdeo Ray, R/o Village- Mayaram Petia, P.S.- Bidupur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Rina Sinha, Advocate. For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Desari P.S. Case No. 82 of 2017 instituted for the offence under Sections 30(A), 32(2) of Bihar Prohibition & Excise Act, 2016. Learned counsel for the petitioner has submitted that name of this petitioner has been disclosed by driver of the vehicle Ravi Shankar Kumar who was apprehended on the spot. There is no recovery from conscious possession of this petitioner. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Desari P.S. Case No. 82 of 2017, he shall be released on anticipatory bail on furnishing bail

Patna High Court Cr.Misc. No.40722 of 2017 (8) dt.13-11-2017 2/2 bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Vaishali at Hajipur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T