Patna High CourtCR. MISC./27600/2022bail granted

Rajesh Kumar v. The State Of Bihar

2022-09-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27600 of 2022 Arising Out of PS. Case No.-327 Year-2020 Thana- BANKA District- Banka ====================================================== RAJESH KUMAR Son of Kartik Das Resident of Village - Chihar, P.O.- Autiya, P.S. - Barahat, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) 32(2) of the Bihar Prohibition and Excise Amendment Act, 2018.

It is a case of recovery of country made wine from a motorcycle.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the name of the petitioner has transpired on the basis of confessional statement of apprehended co-accused Horil Tanti and nothing has been recovered from the conscious possession of the petitioner and he has not been apprehended at

Patna High Court CR. MISC. No.27600 of 2022(2) dt.02-09-2022 2/2 the spot. He further submits that petitioner is ready to deposit the fine of Rs.5,000/- in the District Legal Services Authority, Banka. Petitioner has no criminal antecedent. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-4, Banka in connection with Banka (Barahat) P.S. Case No. 327 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C with condition that at the time of furnishing bail bond, the petitioner shall produce the receipt of fine of Rs.5,000/-.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T