Patna High CourtCR. MISC./27458/2022bail granted

Pachu Kumar @ Pachu Rai v. The State Of Bihar

2022-08-11Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27458 of 2022 Arising Out of PS. Case No.-286 Year-2021 Thana- RAGHOPUR District- Vaishali ====================================================== PACHU KUMAR @ PACHU RAI SON OF BINDESHWAR RAY R/O VILLAGE - SUKUMARPUR JAFRABAD, P.S. - RAGHOPUR, DISTRICTVAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Soban Asghar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273, 414/34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that petitioner has antecedent of one case.

Allegation is of recovery of three stolen motorcycles from the straw house of the petitioner and 30 litre of liquor from the straw house of Smt. Devi @ Sunita Devi.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.27458 of 2022(2) dt.11-08-2022 2/2 petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. He further submits that as far as recovery of alleged motorcycle is concerned, the same does not belong to the petitioner.

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 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 Raghopur P.S. Case No. 286 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and further one of the bailors of the petitioner shall be the father (Bindeshwar Ray) of the petitioner.

(Satyavrat Verma, J) Kundan/- U T