Anil Ray @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74870 of 2024 Arising Out of PS. Case No.-128 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== Anil Ray @ Anil Kumar S/o Jhakar Ray @ Jhakkar Ray R/o vill - Belaghat, P.o - Sagar Dina, Haraj, Nurullahpur, Dhaka, P.S - Shikarganj, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohd Rustam Hussain, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-11-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Chiraiya Shikarganj P.S. Case no. 128 of 2022, registered under sections 272 and 273 of Indian Penal Code and section 30(a) of the Bihar Prohibition & Excise Act, 2016.

3. As per the prosecution case, seeing the police personnel, the accused threw the gallon that he was carrying and managed to escape. 20 litres of liquor was recovered from the said gallon and the petitioner was identified as the person who had thrown the gallon.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. He has no

Patna High Court CR. MISC. No.74870 of 2024(2) dt.12-11-2024 2/2 concern with the seized liquor or the gallon and was not the person who threw the same. The petitioner has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R and specially the petitioner not having any antecedent under the Bihar Prohibition & Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Chiraiya Shikarganj P.S. Case no. 128 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge, Exclusive Special Excise Court no.-3, Civil Court, East Champaran at Motihari. (Partha Sarthy, J) Shiv/- U T