Bablu Ray @ Balu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72359 of 2021 Arising Out of PS. Case No.-104 Year-2021 Thana- SARAI District- Vaishali ====================================================== Bablu Ray @ Balu Ray Son of Late Rajendra Ray Resident of Village - Majhauli Mohammadpur , Mansurpur, P.s.- Sarai, Distt.- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Y.C. Verma, Senior Advocate Ms. Priyanka Singh, Advocate For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-07-2022 Heard Mr. Yogesh Chandra Verma, learned Senior Counsel assisted by Ms. Priyanka Singh, for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned Senior Counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is no recovery from the conscious possession of the petitioner rather 85.005 litres of foreign liquor and 48 litres of beer has been recovered from the house. It is submitted that the house from where foreign liquor and beer has been recovered is a joint family property. It is also submitted that on the confessional statement of the apprehended

Patna High Court CR. MISC. No.72359 of 2021(2) dt.15-07-2022 2/3 accused, the petitioner has been made accused in the present case. Similarly situated co-accused person has already been enlarged on bail anticipatory bail vide order dated 24.02.2022, passed in Cr. Misc. No.55407 of 2021.

Petitioner is agree to deposit a sum of Rs. 25,000/- (rupees twenty five thousand) in Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Vaishali at Hajipur in connection with Sarai P.S. Case No.104/2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

The bail bond of the petitioner shall be accepted by the learned court below on showing receipt of the aforesaid

Patna High Court CR. MISC. No.72359 of 2021(2) dt.15-07-2022 3/3 amount deposited in the Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J.) Sanjay/- U T