Patna High CourtCR. MISC./16238/2024disposed

Subham Kumar @ Shubham Kumar v. The State Of Bihar

2024-03-13Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16238 of 2024 Arising Out of PS. Case No.-677 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Subham Kumar @ Shubham Kumar Son of Narad Vishwkarma Resident of Mohalla- Gavai, Bhabua Ward No. 19, P.S.- Bhabua, District- Bhabua (Kaimur) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Mishra For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2024

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 offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 1.5 liters of liquor from the house of Anmol Singh.

4. 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 the alleged recovery is from a place which does not belong to the petitioner and the mobile recovered from the house of Anmol Singh which

Patna High Court CR. MISC. No.16238 of 2024(2) dt.13-03-2024 2/2 belonged to the petitioner was lying there as Anmol had taken the mobile of the petitioner for some work since they were known to each other.

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

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 trial court 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 trial court where the case is pending/successor court in connection with Mohania P.S. Case No. 677 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T