Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16766 of 2022 Arising Out of PS. Case No.-291 Year-2021 Thana- DALSINGHSARAI District- Samastipur ====================================================== RAJA KUMAR Son of Arjun Mahto R/O Village - Bhatgama Tola Khairvan, P.S.- Dalsinghsarai, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dinesh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

Allegation is of recovery of 86.640 litres of liquor out of which 60 litres of liquor is alleged to have been recovered from the house of the petitioner.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that name of the petitioner came in the confessional statement of co-accused Raj

Patna High Court CR. MISC. No.16766 of 2022(3) dt.29-07-2022 2/2 Kumar which has no evidentiary value. It is next submitted that had the recovery been made from the house of the petitioner then the police would not know that the house belongs to the petitioner. It is next submitted that the house is a joint family property and petitioner is a junior member of the house. Learned counsel, thus, submits that since the name of the petitioner transpired in the confessional statement of co-accused, it creates doubt with regard to the alleged recovery from the house of the petitioner.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five 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 Dalsingsarai P.S. Case No. 291 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T