Sachin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9479 of 2024 Arising Out of PS. Case No.-730 Year-2023 Thana- RAJIVNAGAR District- Patna ====================================================== Sachin Kumar S/O MANOJ KUMAR RAJIV NAGAR, ASHIYANA NAGAR, PHASE NO.-2, PS- RAJIV NAGAR, DIST. PATNA. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sushil Ranjan Sinha For the Opposite Party/s :
Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Rajeev Nagar P.S. Case No.730/2023 registered for the offence punishable under Sections 30(1) and 41(1) of Bihar Prohibition and Excise Amendment Act, 2018.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 1 litre of liquor from Gautam Raj and 3.5 litres of liquor from a Tata Safari vehicle. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he is not the owner of the seized vehicle and he came to be implicated based on confessional statement of co-accused in police custody, which
Patna High Court CR. MISC. No.9479 of 2024(2) dt.28-02-2024 2/2 does not have any evidentiary value, when petitioner admittedly is a person with clean antecedent.
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.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-1, Patna in connection with Rajeev Nagar P.S. Case No.730/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T