Rajnandan Roy @ Rajnandan Kumar @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21256 of 2023 Arising Out of PS. Case No.-455 Year-2022 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.

RAJNANDAN ROY @ RAJNANDAN KUMAR @ MUKESH KUMAR S/O HARE KRISHNA DAS R/O VILLAGE- JITWARPUR, P.SJITWARPUR, DISTT.- SAMASTIPUR. 2.

CHINTU ROY @ PANKAJ KUMAR S/O NAGDEV ROY R/O VILLAGEHAKIMABAD, WARD NO.-02, P.S- JITWARPUR, DISTT.- SAMASTIPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of total recovery of 363.600 liters of liquor and Deep Mahto along with Ashok were arrested along with a pick-up van. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next submitted that petitioners came to be implicated based on the

Patna High Court CR. MISC. No.21256 of 2023(2) dt.15-05-2023 2/2 confessional statement of co-accused in the police custody which does not have any evidentiary value, it is also submitted that the petitioners are neither the owner nor the driver of the alleged pick-up van.

Learned counsel for the petitioner, at the cost of repetition, submits that the petitioners are persons with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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) each 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 Bahadurpur P.S. Case No. 455 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T