Abhishek Kumar @ Abhishek Kumar Raj @ Abhisek Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5242 of 2024 Arising Out of PS. Case No.-148 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== Abhishek Kumar @ Abhishek Kumar Raj @ Abhisek Raj S/O Late Deen Dayal Sah Village- Kashipur, Ps. Town, Dist. Samastipur, At Present R/O Village- Soneversa Chawk, Ps. Samastipur Muffasil, Dist. Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(A) of Bihar Prohibition and Excise Act.

3. Allegation against the petitioner is of recovery of 2.550 liters of liquor.

4. Learned counsel for the petitioner submits that petitioners are person with clean antecedent and allegation is of recovery of 2.550 liters of liquor from two different places as detailed in the FIR. It is next submitted that none of the place belongs to the petitioners nor petitioners was arrested from the spot, as such nothing was recovered from his conscious possession and he came to be implicated based on confessional

Patna High Court CR. MISC. No.5242 of 2024(2) dt.15-02-2024 2/2 statement of Vijay Kumar in police custody which does not have any evidentiary value.

5. The learned APP for the State opposes the anticipatory bail application.

6. 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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Town P.S. Case No.148 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T