Aman Ray @ Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27920 of 2023 Arising Out of PS. Case No.-145 Year-2022 Thana- MAJORGANJ District- Sitamarhi ====================================================== AMAN RAY @ AMAN KUMAR SON OF BANTILAL RAY RESIDENT OF VILLAGE- BAHERA, PS- MEJORGANJ, DISTT- SITAMARHI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vaidehi Raman Prasad Singh, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2023 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 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
Learned counsel for the petitioner submits that petitioner has antecedent of three cases.
Allegation is of recovery of 42 litres of liquor from a motorcycle.
Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner came to be implicated based on the confessional statement of co-accused in police custody which does not have
Patna High Court CR. MISC. No.27920 of 2023(3) dt.23-05-2023 2/2 any evidentiary value in the eye of law. It is next submitted that because of his antecedent got him implicated through coaccused. It is also submitted that petitioner is not the owner 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen 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 Mejorganj P.S. Case No. 145 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T