Patna High CourtCR. MISC./23527/2022bail granted

Saroj Kumar v. The State Of Bihar

2022-06-30Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23527 of 2022 Arising Out of PS. Case No.-95 Year-2022 Thana- JAGDISHPUR District- Bhojpur ====================================================== SAROJ KUMAR SON OF NAND KISHORE SINGH R/O VILLAGENAYAKA TOLA, P.S.- JAGDISHPUR, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Damodar Prasad Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-06-2022 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.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. Allegation is of recovery of 130 litres of liquor from a car as detailed in the FIR from which one Lal Jee Kumar was apprehended who disclosed the name of the petitioner. Learned counsel for the petitioner further submits that petitioner was not apprehended from the spot, as such, nothing was recovered from his conscious possession and his name transpired based on the confessional statement of apprehended accused in police custody which has no evidentiary value.

Patna High Court CR. MISC. No.23527 of 2022(2) dt.30-06-2022 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 and the fact that the petitioner is a person with clean antecedent, 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 Jagdishpur P.S. Case No. 95 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T