Dilip Kumar @ Dilip Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70610 of 2022 Arising Out of PS. Case No.-599 Year-2022 Thana- MAHUA District- Vaishali ====================================================== DILIP KUMAR @ DILIP RAY Son of Dwarika Ray R/V- Madhopur, P.SMahua, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Atul Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 414 and 34 of the Indian Penal Code and Section 30(a), 32(ii), 34(ii) and 41(i) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of total recovery of 2434 liters of liquor from pick-up Van and a truck as detailed in the F.I.R.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner is neither the owner nor the driver of the alleged seized vehicles and the he came to be implicated at the instance

Patna High Court CR. MISC. No.70610 of 2022(2) dt.19-12-2022 2/2 of anonymous people whose name is not disclosed in the F.I.R. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mahua P.S. Case No. 599 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Further, the learned Trial Court before accepting the bail bonds shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case then the present anticipatory bail order shall not be acted upon.

(Satyavrat Verma, J) Rishabh/- U T