Tinku Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27341 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- MASHRAK District- Saran ====================================================== Tinku Kumar S/o Devtan Prasad @ Devtan Sah R/o vill - Panchkhanda, P.S/ - Mashrakh, Chapra, Distt. - Saran, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :
Ms. Asha Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-04-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 33 and 34 of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.
4. Allegation is of recovery of 240 litres of spirit along with file vials of Traxol injection of thousand mg.
5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the confessional statement of Rajesh Kumar, Shilanath Prasad and Anil Prasad in police custody
Patna High Court CR. MISC. No.27341 of 2024(2) dt.10-04-2024 2/3 which does not have any evidentiary value in the eye of law. It is further submitted that petitioner will not abscond rather will cooperate in the investigation.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Mashrakh P.S. Case No. 28 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
8. One of the bailors of the petitioner shall be his father Devtan Prasad @ Devtan Sah.
9. However, it is made clear that if the investigating officer of the case files an application bringing to the notice of the learned court below that petitioner despite giving assurance to this Court is not cooperating in the investigation or is not presenting himself when required by the investigating officer,
Patna High Court CR. MISC. No.27341 of 2024(2) dt.10-04-2024 3/3 the learned court below shall be at liberty to cancel the bail bonds of the petitioner after recording reasons. (Satyavrat Verma, J) Kundan/- U T