Shakti Kumar @ Shakti Nandan Kumar @ Shakti Nandan Bihari @ Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5064 of 2022 Arising Out of PS. Case No.-259 Year-2021 Thana- KHIJARSARAI District- Gaya ====================================================== SHAKTI KUMAR @ SHAKTI NANDAN KUMAR @ SHAKTI NANDAN BIHARI @ BABA S/o- SURESH PASWAN Resident of Village- Chiraili, P.S.- Khizarsarai, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2022 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 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 10 litres of liquor from a gallon kept at the place of occurrence.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and his name transpired in the confessional statement of co-accused Yogesh

Patna High Court CR. MISC. No.5064 of 2022(2) dt.01-07-2022 2/2 Kumar who was apprehended from the place of occurrence which has no evidentiary value.

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 and in the nature of allegations, 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. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Khizarsarai P.S. Case No. 259 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T