Pankaj Kumar @ Lukshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21191 of 2023 Arising Out of PS. Case No.-171 Year-2022 Thana- SAMASTIPUR District- Samastipur ====================================================== PANKAJ KUMAR @ LUKSHI Son of Jagdish Ray Resident of village - Jitwarpur Nizamat, P.S.- Muffasil, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 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 Sections 25(1-b)a, 26 and 35 of the Arms Act and under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the informant alleges that one Ram Darwesh Rai was arrested along with 18 liters of liquor, country made pistol, one live cartridge, mobile and a Scooty.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted

Patna High Court CR. MISC. No.21191 of 2023(2) dt.15-05-2023 2/2 that he came to be implicated based on confessional statement of apprehended co-accused in police custody which does not have any evidentiary value. It is also submitted that petitioner is not the owner of the Scooty.

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. 10,000/- (Rupees Ten 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 Samastipur Town P.S. Case No. 171 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T