Patna High CourtCR. MISC./11602/2024bail granted

Saurabh Kumar v. The State Of Bihar

2024-03-01Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11602 of 2024 Arising Out of PS. Case No.-602 Year-2023 Thana- DARIYAPUR District- Saran ====================================================== Saurabh Kumar S/o Sanjay Prasad R/o vill - Sitalpur Bazar, P.S. - Dighwara, Distt. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakil Ahmad Khan, Advocate For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-03-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 41(1) of the Bihar Prohibition Excise Amendment Act, 2016.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 518.4 liters of liquor from a Bolero vehicle.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not owner of the alleged seized vehicle and he came to be implicated based on confessional statement of Amit and Vishal in police custody which does not have any evidentiary value. It is also submitted at the cost of the

Patna High Court CR. MISC. No.11602 of 2024(2) dt.01-03-2024 2/2 petitioner that petitioner is a person with clean antecedent.

5. The learned APP for the State opposes the anticipatory bail application.

6. 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.500/- (Rupees Five 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 Dariyapur P.S. Case No.602 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T