Sharvan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33110 of 2024 Arising Out of PS. Case No.-319 Year-2018 Thana- DESARI District- Vaishali ====================================================== Sharvan Kumar Son of Kapildeo Singh R/O Village- Gajipur, P.S.- Desari, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 414, 379 and 34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 360 ml liters of liquor from from a place near the shop of Aman and Deepak along with two stolen motorcycle. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is further submitted that petitioner has no role in committing theft of the motorcycle. It is further submitted that instant FIR was instituted on 07.11.2018 and the petitioner in

Patna High Court CR. MISC. No.33110 of 2024(2) dt.08-05-2024 2/3 connection with Desari P.S. Case No.293 of 2018 was in custody since 11.10.2018 to 04.02.2019 and was granted regular bail by this Court in Cr. Misc. No.1143 of 2019 by an order dated 04.02.2019. It is thus submitted that it amply demonstrates that how police mechanically implicates and in the present case the petitioner was implicated based on confessional statement of Deepak and Aman.

The learned APP for the State opposes the anticipatory bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000 /- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ------ in connection with ........, subject to the conditions laid down under Section 438(2) of the Cr.P.C. It is further made clear that the learned trial court shall also verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than two cases, then also the present anticipatory bail order shall not be given effect to.

Patna High Court CR. MISC. No.33110 of 2024(2) dt.08-05-2024 3/3 The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T