Patna High CourtCR. MISC./15539/2024bail granted

Ajay Kumar @ Ajay Kumar Sahni v. The State Of Bihar

2024-03-12Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15539 of 2024 Arising Out of PS. Case No.-233 Year-2023 Thana- KAMTAUL District- Darbhanga ====================================================== Ajay Kumar @ Ajay Kumar Sahni Son of Bhola Sahni Resident of VillageKarkauli, P.S.- Sadar (Mabbi O.P.), Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidyanath Prasad, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-03-2024

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 17.400 litres of liquor from a motorcycle.

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 is not the owner of the motorcycle and he came to be implicated based on the confessional statement of co-accused in police custody which does not have any evidentiary value in the eye of law, when

Patna High Court CR. MISC. No.15539 of 2024(2) dt.12-03-2024 2/2 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 Kamtaul P.S. Case No. 233 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T