Patna High CourtCR. MISC./21147/2024bail granted

Suman Kumar Bharti @ Shashi Bhushan Bharti v. The State Of Bihar

2024-03-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21147 of 2024 Arising Out of PS. Case No.-63 Year-2023 Thana- NARKATIYAGANJ RAIL P.S. DistrictWest Champaran ====================================================== SUMAN KUMAR BHARTI @ SHASHI BHUSHAN BHARTI S/O- SRI DINESH RAM R/O- VILLAGE- POKHARIYA, P.S.- SHIKARPUR, DIST.- WEST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharad Kumar Verma For the Opposite Party/s :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-03-2024

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 17.600 liters of liquor from two motorcycles.

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 is not the owner of the seized vehicles and he came to be implicated based on the confessional statement of Shashi Bhushan in police custody

Patna High Court CR. MISC. No.21147 of 2024(2) dt.28-03-2024 2/2 which does not have any evidentiary value, when petitioner admittedly is a person with clean antecedent.

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. 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 Rail Narkatiyaganj P.S. Case No. 63 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T