Saroj Ray @ Saroj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78144 of 2023 Arising Out of PS. Case No.-189 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== SAROJ RAY @ SAROJ KUMAR S/O JAY KISUN ROY R/O VILLAGEMALPUR URF, DILWARPUR, P.S- PATEPUR, DIST.- VAISHALI., BIHAR, PIN- 843114.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Satish Kumar Pandey, Advocate For the State :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a), 32(ii) and 41(i) of the Bihar Prohibition and Excise Act, 2018.
3. As per prosecution case, 959.04 liters of illicit foreign liquor has been recovered from a pickup van. Petitioner is alleged to be involved in the illicit trade of the same.
4. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner is only suspected to be involved in the illegal trade of illicit liquor. Petitioner is neither the owner nor driver of the vehicle in question. It is next submitted that no incriminating article has been recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.78144 of 2023(3) dt.05-03-2024 2/2
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.
6. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Special Judge (Excise), Vaishali, in connection with Patepur P.S. Case No.189 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T