Ashik Prasad Sharma @ Ashik Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17565 of 2023 Arising Out of PS. Case No.-160 Year-2022 Thana- JAMALPUR District- Munger ====================================================== ASHIK PRASAD SHARMA @ ASHIK SHARMA S/O RAGHUNANDAN SHARMA @ RAGHUNANDAN PRASAD SHARMA R/v- Barachak Boring Dhawrah, P.S.- Kulti, District- Barddhawan, West Bengal ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Deep Nishi, Advocate For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 32 of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of total recovery of 86.4 liters of liquor from possession of one Mohan Yadav and Jitu Yadav.
Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated based on confessional statement
Patna High Court CR. MISC. No.17565 of 2023(2) dt.10-05-2023 2/2 of apprehended co-accused in police custody which does not have any evidentiary value, when admittedly the petitioner is a person with clean antecedent.
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 trial court 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 trial court where the case is pending/successor court in connection with Jamalpur P.S. Case No. 160 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T