Satendra Roy @ Satyendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26001 of 2023 Arising Out of PS. Case No.-394 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== SATENDRA ROY @ SATYENDRA KUMAR SON OF LATE PREM YADAV @ PREM RAY RESIDENT OF - SAIDPUR RAJAULI, P.S. - HAJIPUR, DISTT. - VAISHALI, BIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurav Barial, Advocate For the Opposite Party/s :
Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 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 Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 12 bottles of 750 ml of liquor and 140 bottles of 180 ml liquor from a bus.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that the petitioner came to be implicated based on
Patna High Court CR. MISC. No.26001 of 2023(2) dt.16-05-2023 2/2 confessional statement of Suresh Kumar Bhagat in police custody which does not have any evidentiary value, it is also submitted that the bus does not belongs to the petitioner. The learned counsel at a cost of repetition submits that petitioner is a person with clean antecedent.
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. 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 Excise P.S. Case No. 394 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Adnan/- U T