Patna High CourtCR. MISC./15675/2023bail granted

Deepak Kumar @Deepak v. The State Of Bihar

2023-05-03Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15675 of 2023 Arising Out of PS. Case No.-168 Year-2022 Thana- TELHARA District- Nalanda ====================================================== DEEPAK KUMAR @DEEPAK S/O AJAY SINGH R/O VILLAGE- PURA, P.S- TELHARA, DISTT.- NALANDA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha For the Opposite Party/s :

Mr. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-05-2023 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) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 1.125 liters of liquor from Monu and Satish as detailed in the FIR.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that the name of the petitioner transpired in the confessional statement of Monu Kumar which has no

Patna High Court CR. MISC. No.15675 of 2023(2) dt.03-05-2023 2/2 evidentiary value.

The Court fails to appreciate as to why the anticipatory bail of the petitioner was rejected by the learned Trial Court.

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. 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 Telhara P.S. Case No. 168 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T