Patna High CourtCR. MISC./17323/2023bail granted

Hemant Rauniyar @ Hemant Kumar v. The State Of Bihar

2023-05-10Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17323 of 2023 Arising Out of PS. Case No.-441 Year-2022 Thana- RIGA District- Sitamarhi ====================================================== HEMANT RAUNIYAR @ HEMANT KUMAR SON OF MOHAN PRASAD @ MOHAN SAH RESIDENT OF VILLAGE- BHABDEPUR GOH, PSRIGA, DISTT- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritesh Kumar Narain Singh, Advocate For the Opposite Party/s :

Ms. Sucheta Yadav, A.P.P.

====================================================== 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 Section 30(a) of the Bihar Excise Act and Section 414 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 1008 liters of liquor recovered from apprehended accused who disclosed the name of the petitioner. 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 he came to be implicated based on confessional

Patna High Court CR. MISC. No.17323 of 2023(2) dt.10-05-2023 2/2 statement of co-accused which has no evidentiary value, when admittedly 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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Riga P.S. Case No. 441 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T