Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18225 of 2023 Arising Out of PS. Case No.-97 Year-2021 Thana- TETERHAT District- Lakhisarai ====================================================== RAJESH KUMAR S/o Late Baldeo Ram R/o- 84, B.S.L. Colony, Marafari, P.O. and P.S.- Marafari, Distt- Bokaro (Jharkhand). Presently residing at Quarter No. 1-132, Sector-2/D, Street -5, B.S. City, P.O. and P.S.- B.S. City, Distt. - Bokaro (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Kislay, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner submits that he will remove the defects, as pointed out by the Stamp Reporter, within a period of one week.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 369 litres of liquor from a Tata Ace vehicle and 209.160 litres of liquor from a Maruti Super Carrier.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.18225 of 2023(2) dt.13-07-2023 2/2 petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated at the instance of Karan Kumar in police custody which does not have any evidentiary value in the eye of law. It is further submitted that petitioner is not the owner of any of the seized vehicle.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds 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/successor court in connection with Tetarhat P.S. Case No. 97 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T