Subodh Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26701 of 2023 Arising Out of PS. Case No.-393 Year-2022 Thana- SHEOHAR District- Sheohar ====================================================== SUBODH RAUT SON OF LATE MAHESH RAUT RESIDENT OF VILLAGE- TAJPUR ,PS AND DISTRICT SHOHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Anisur Rahman For the Opposite Party/s :
Mr. Upendra Kumar ====================================================== 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 14 liters of liquor from a Splendor motorcycle and 18 liters of liquor from a Glamour 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 his name transpired in the confessional statement of Rameshwar Prasad in police custody which does not have any evidentiary value, when
Patna High Court CR. MISC. No.26701 of 2023(2) dt.16-05-2023 2/2 admittedly petitioner is a person with clean antecedent. It is next submitted that petitioner is not the owner of any of the seized motorcycle.
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 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sheohar P.S. Case No. 393 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) HarshPandey/- U T