Patna High CourtCR. MISC./27603/2023bail granted

Pradeep Das v. The State Of Bihar

2023-05-17Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27603 of 2023 Arising Out of PS. Case No.-165 Year-2022 Thana- BAKHTIARPUR District- Saharsa ====================================================== PRADEEP DAS Son of Sukumar Das Resident of Village - Loknath Para Baldoria, Dalkhila, P.S.- Islampur, District - Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2023 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 Sections 30(a) and 41 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 618.75 liters of liquor from a tractor and a motorcycle.

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 he came to be implicated based on confessional statement of co-accused in police custody which does not have any evidentiary value. It is

Patna High Court CR. MISC. No.27603 of 2023(2) dt.17-05-2023 2/2 next submitted that petitioner is neither the owner of the motorcycle nor the tractor and 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 Bakhtiarpur P.S. Case No. 165 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T