Jai Prakash Prasad Mahto @ Jai Prakash Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11420 of 2024 Arising Out of PS. Case No.-97 Year-2023 Thana- BANDEYA District- Aurangabad ====================================================== Jai Prakash Prasad Mahto @ Jai Prakash Prasad Son of Late Ram Pukar Mahto Resident Of Village- Rukundi, Ps- Bandeya, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-03-2024 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 two cases and allegation is of recovery of 58 litres of liquor, as detailed in the FIR. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner. It is next submitted that he came to be implicated based on confessional statement of co-accused in police custody which does not
Patna High Court CR. MISC. No.11420 of 2024(2) dt.01-03-2024 2/2 have any 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, the petitioner above-named, in the event of his arrest or surrender before the learned trial court 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 trial court where the case is pending/successor court in connection with Bandeya P.S. Case No. 97 of 2023 subject to the conditions as laid down under Section 438
(2) of the Cr.P.C.
(Satyavrat Verma, J) SUMIT/- U T