Bunty Kumar @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7841 of 2022 Arising Out of PS. Case No.-50 Year-2021 Thana- AKILPUR District- Saran ====================================================== Bunty Kumar @ Rahul Kumar, S/O Baliram Rai @ Baliram Ray Resident Of Manas Akilpur, Manas, Panapur, P.S.- Akilpur, District- Saran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30, 30(a) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case, but inadvertently at Para-3 of the anticipatory bail application, it has been recorded that petitioner is a person with clean antecedent. Allegation is of recovery of 55 litre of liquor from the place of occurrence and Mukesh Kumar, who was apprehended, who disclosed the name of this petitioner.

The learned counsel for the petitioner submits that petitioner was not apprehended from the spot and his name

Patna High Court CR. MISC. No.7841 of 2022(2) dt.28-06-2022 2/2 transpired in the confessional statement of apprehended accused Mukesh Kumar, which has no evidentiary value in the eyes of law. Nothing was recovered from his conscious possession. Learned A.P.P. opposes the bail application.

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. 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 in connection with Akilpur P. S. Case No.50 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T