Manjay Ray @ Manjay Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70382 of 2022 Arising Out of PS. Case No.-526 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== MANJAY RAY @ MANJAY LAL YADAV Son of Munni Lal Yadav @ Munni Lal Rai R/V- Shitalpatti, P.S- Sarai Ranjan, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, 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 Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner has antecedent of six cases and allegation is of recovery of 8.640 liters of liquor from a truck. Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and because of his antecedent, he came to be implicated at the instance of Bihar Excise Officials when admittedly he is neither the owner nor the

Patna High Court CR. MISC. No.70382 of 2022(2) dt.19-12-2022 2/2 driver of the alleged vehicle.

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. 30,000/- (Rupees Thirty 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 Tajpur (Halai) P.S. Case No. 526 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 six cases then the present anticipatory bail order shall not be acted upon.

(Satyavrat Verma, J) Rishabh/- U T