Patna High CourtCR. MISC./13160/2024bail granted

Ravi Kumar Jayswal @ Ravi Kumar Jaiswal v. The State Of Bihar

2024-03-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13160 of 2024 Arising Out of PS. Case No.-1237 Year-2023 Thana- ARARIA District- Araria ====================================================== RAVI KUMAR JAYSWAL @ RAVI KUMAR JAISWAL SON OF VIJAY KUMAR JAISWAL RESIDENT OF VILLAGE - YASIN MARG, JAISWAL NAGAR, WARD NO. 22, P.S. - ARARIA, DISTRICT - ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-03-2024

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

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 7.5 litres of liquor from the house of Ayush Singh.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belong to the petitioner and he came to be implicated based on confessional statement of

Patna High Court CR. MISC. No.13160 of 2024(2) dt.06-03-2024 2/2 Ayush Singh in police custody which does not have any evidentiary value in the eye of law, when petitioner admittedly is a person with clean antecedent.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. 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.500/- (Rupees Five Hundred) 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 Araria P.S. Case No. 1237 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T