Patna High CourtCR. MISC./20970/2022bail granted

Ram Udesh Dubey v. The State Of Bihar

2022-06-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20970 of 2022 Arising Out of PS. Case No.-674 Year-2021 Thana- SITAMARHI District- Sitamarhi ====================================================== RAM UDESH DUBEY Son of Late Sethji Dubey Resident of Village - Bhasar Goat, Police Station - Sitamarhi, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-06-2022 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 39.300 litre of liquor from the house of Ahok Chaudhary who disclosed the name of the petitioner stating that he had supplied the liquor for the purposes of selling.

Learned counsel for the petitioner submits that admittedly the petitioner was not apprehended from the spot, as such, nothing was recovered from the conscious possession of the petitioner and his name transpired in the confessional statement of apprehended accused which has no evidentiary value and the petitioner is a person with clean antecedent.

Patna High Court CR. MISC. No.20970 of 2022(2) dt.16-06-2022 2/2 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sitamarhi P.S. Case No. 674 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T