Patna High CourtCR. MISC./7634/2024bail granted

Kaiyum v. The State Of Bihar

2024-02-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7634 of 2024 Arising Out of PS. Case No.-210 Year-2022 Thana- SIKTI District- Araria ====================================================== Kaiyum SON OF LATE DHAKA @ AGHORIYA Village kuchaha, Ward No. 2, PS- Sikti, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Ravish For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2024

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

2. The petitioner apprehends his arrest in connection with Sikti P.S. Case No.210/2022 registered for the offence punishable under Sections 413, 414, 384 of the Indian Penal Code & Section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 27 litres of liquor from a place outside the house of the petitioner. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of Safique Alam in police custody,

Patna High Court CR. MISC. No.7634 of 2024(2) dt.23-02-2024 2/2 which does not have any evidentiary value in the eye of law. It is further submitted that even the alleged recovery is from a place which is accessible to public at large.

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.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, Araria in connection with Sikti P.S. Case No.210/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T