Ajeet Kumar Sain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27645 of 2023 Arising Out of PS. Case No.-114 Year-2023 Thana- RAFIGANJ District- Aurangabad ====================================================== AJEET KUMAR SAIN SON OF ARJUN SAW RESIDENT OF VILLAGEPUNAUL, PS- GOH, DISTT- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== 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 Section 30(c) 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 4500 kg of a Mahua flour seized from a truck. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated based on the confessional statement of Shatrudhan in police custody which does not have any evidentiary value, it is next submitted that though the impugned order records that the petitioner is the

Patna High Court CR. MISC. No.27645 of 2023(2) dt.17-05-2023 2/2 owner of the truck but then it has been specifically asserted and stated at Para 10 of the anticipatory bail application that petitioner is neither the owner nor the driver of the truck from which Mahua flour was recovered.

Learned counsel at the cost of repetition submits that the petitioner is a person with clean antecedent. 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 Rafiganj P.S. Case No. 114 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T