Devrishi Kumar @ Rishi Dev Kumar @ Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25671 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- NADI P.S. District- Patna ====================================================== 1.

DEVRISHI KUMAR @ RISHI DEV KUMAR @ PANDIT SON OF RAJ BALI ROY R/O MOHALLA- GARHOCHAK, FATUHA, P.S.- FATUHA, DISTRICT- PATNA 2.

ARUN KUMAR @ ARUN RAI SON OF MUNARIK ROY R/O MOHALLA- GARHOCHAK, FATUHA, P.S.- FATUHA, DISTRICTPATNA 3.

PANKAJ KUMAR @ AMU @ AMBU RAI SON OF KISHUN DHARI ROY R/O MOHALLA- JETHULI KACHHI DARGAH, P.S.- DIDARGANJ, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishna Jha, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with respect to Arun Kumar @ Arun Rai (petitioner no. 2). Permission is accorded.

The petitioner nos. 1 and 3 apprehend their arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Excise Act.

Patna High Court CR. MISC. No.25671 of 2023(2) dt.22-05-2023 2/3 Learned counsel for the petitioners submits that the petitioner no. 1 has antecedent of one case and petitioner no. 2 is a person with clean antecedent and allegation is of recovery of 208.5 liters of liquor from different places and vehicles.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession, it is next submitted that neither the vehicles nor the land belong to the petitioners and they came to be implicated based on confessional statement of co-accused in police custody which does not have any evidentiary value.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioner nos. 1 and 3, above-named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.25671 of 2023(2) dt.22-05-2023 3/3 the learned trial court where the case is pending/successor court in connection with Nadi P.S. Case No. 30 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T