Raja Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17709 of 2022 Arising Out of PS. Case No.-893 Year-2021 Thana- SITAMARHI District- Sitamarhi ====================================================== RAJA BABU Son of Sanjay Sharma @ Sanjay Kumar Sharma R/o Mohalla - Court Bazar, Chakmahila, P.S.- Sitamarhi, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-06-2022 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 under Sections 414/34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. The informant alleges that 176.940 litre of liquor was recovered from an auto and the driver of the auto, namely, Mukesh Kumar was apprehended. It is next alleged that the apprehended accused disclosed the name of the petitioner. Learned counsel for the petitioner further submits that petitioner was not apprehended from the spot, as such, nothing was recovered from conscious possession of the petitioner.

Patna High Court CR. MISC. No.17709 of 2022(2) dt.15-06-2022 2/2 Name of the petitioner transpired in the confessional statement of co-accused which has no evidentiary value. 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 and he is a person with clean antecedent, 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.10,000/- (Rupees Ten Thousand) 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 Sitamarhi P.S. Case No. 893 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T