Shashi Kumar @ Shashi Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37192 of 2021 Arising Out of PS. Case No.-207 Year-2020 Thana- KHIJARSARAI District- Gaya ====================================================== SHASHI KUMAR @ SHASHI RANJAN KUMAR S/O ANIL SINGH @ ANIL SHARMA R/o village- Rauniya, P.S.- Mahkar, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-06-2022 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 the informant alleges that on 13.07.2020, he along with Excise Officials proceeded for patrolling and a pickup vehicle was seen standing and on seeing the police one person started fleeing and other two accused sitting in the vehicle fled with the vehicle but on chase the vehicle was apprehended but the accused managed to escape while one of the accused who was trying to flee on foot was apprehended and disclosed his name as Randhir Kumar. It is next alleged that from the vehicle 28.5 litres of liquor was recovered

Patna High Court CR. MISC. No.37192 of 2021(2) dt.14-06-2022 2/2 and the apprehended accused disclosed the name of the petitioner.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, he was not arrested from the spot, he is neither the owner nor the driver of the vehicle and confession made before police does not have any evidentiary value in the eyes of law.

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. 2,000/- (Rupees Two Thousand) each 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 Khizersarai P.S. Case No. 207 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T