Mritunjay Kumar Sharma @ Mirtunjay Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25917 of 2022 Arising Out of PS. Case No.-457 Year-2021 Thana- RAJIVNAGAR District- Patna ====================================================== 1.

MRITUNJAY KUMAR SHARMA @ MIRTUNJAY SHARMA S/o Prahlad Sharma Resident of Village- Rajiv Nagar, Road No.24, P.S.- Rajiv Nagar, District- Patna.

2.

Ranjit Kumar Son of Manager Singh Resident of Village- Rajiv Nagar, Road No.24, P.S.- Rajiv Nagar, District- Patna.

3.

Rakesh Kumar Singh S/o Hans Nath Singh Resident of Village- Rajiv Nagar, Road No.24, P.S.- Rajiv Nagar, District- Patna. 4.

Rakesh Kumar S/o Ram Lakhan Sharma Resident of Village- Rajiv Nagar, Road No.24, P.S.- Rajiv Nagar, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a) and 37(c) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of empty bottles of one Blender Pride and two Royal Stage from a room on the right side of Mithila Utsav Hall's gate. Learned counsel for the petitioner was not

Patna High Court CR. MISC. No.25917 of 2022(2) dt.10-08-2022 2/2 apprehended from the spot as such nothing was recovered from his conscious possession and the alleged recovery is from a place, which is a public place and their name came in the confessional statement of Prem Sagar Singh, whch has no 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 petitioners 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. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rajiv Nagar P.S. Case No. 457 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T