Patna High CourtCR. MISC./23048/2024bail granted

Nitesh Kumar @ Karu @ Karu Ray v. The State Of Bihar

2024-04-01Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23048 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Nitesh Kumar @ Karu @ Karu Ray SON OF VINOD RAY villageBAGHRA, PS- SHAHPUR, PATORI (MOHANPUR OP), DISTSAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bishweshwar Ram, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-04-2024

1. Heard learned counsel for the petitioner and learned APP 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 160.56 liters of liquor from a Bolero.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and is neither the owner nor the driver of the seized vehicle and he came to be implicated based on the confessional statement of Munna in

Patna High Court CR. MISC. No.23048 of 2024(2) dt.01-04-2024 2/2 police custody which does not have any evidentiary value, when admittedly petitioner 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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Shahpur Patori P.S. Case No. 43 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T