Patna High CourtCR. MISC./27289/2023bail granted

Dhiraj Kumar v. The State Of Bihar

2023-05-17Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27289 of 2023 Arising Out of PS. Case No.-44 Year-2020 Thana- MAHESI District- East Champaran ====================================================== DHIRAJ KUMAR Son of Jay Narayan Ray Resident of village-Mojahida, P.S.-Mehsi, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Humayou Ahmad Khan, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2023 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 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 9.210 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 confessional statement of co-accused Prince Kumar in police custody which does not have any evidentiary value in the eye of law. It is next

Patna High Court CR. MISC. No.27289 of 2023(2) dt.17-05-2023 2/2 submitted that petitioner is not the owner of the 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.1,000/- (Rupees One 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 Mehsi P.S. Case No. 44 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T