Rajesh Kumar @ Rajesh Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28520 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== RAJESH KUMAR @ RAJESH KUMAR MAHTO SON OF RAMAKANT MAHTO RESIDENT OF VILLAGE -SEDUKHA MANANPUR, PSKHANPUR, DISTT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :

Ms. Sucheta Yadav, 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), 30(c), 30(d) of the Bihar Excise Act and Sections 419, 420, 467, 468 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 1811 empty bottles of liquor of 375 ml from a Maruti Car.

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

Patna High Court CR. MISC. No.28520 of 2023(2) dt.17-05-2023 2/2 submitted that he came to be implicated based on the confessional statement of Nitish Kumar in police custody which does not have any evidentiary value, it is further submitted that petitioner is not the owner of the alleged vehicle and he came to be implicated because of his antecedents.

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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Warisnagar P.S. Case No. 39 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T