Patna High CourtCR. MISC./6954/2024bail granted

Mittu Kumar @ Mithu Kumar @ Devraj v. The State Of Bihar

2024-02-22Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6954 of 2024 Arising Out of PS. Case No.-682 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== MITTU KUMAR @ MITHU KUMAR @ DEVRAJ S/O ANIL SAH R/O BHARTIYE NAGAR, WARD NO. 26 KAHRA, P.S- SAHARSA, DISTT.- SAHARSA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Saharsa P.S. Case No.682/2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 37 litres of codin cough syrup from from the possession of Chandan Kumar and Sanjay Kumar and 19.3 litres of cough syrup from the house of Dev Narayan Yadav. It is next submitted that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It

Patna High Court CR. MISC. No.6954 of 2024(2) dt.22-02-2024 2/2 is further submitted that the petitioner has no concern either with Chandan, Sanjay or Dev Narayan Yadav. It is next submitted that he came to be implicated based on confessional statement of co-accused in police custody, which does not have any evidentiary value in the eye of law.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees five thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Exclusive Special Judge, Excise, Saharsa in connection with Saharsa P.S. Case No.682/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T