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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29765 of 2023 Arising Out of PS. Case No.-53 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Rajesh Kumar @ Rajesh Kumar Mahto Son Of Ramakant Mahto R/OSedukha Mananpur, P.S.-KHANPUR, 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 :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-05-2023 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 120(B), 419, 420, 467 and 468 of the Indian Penal Code read with Sections 30(a), 30(c), 30(d), 32 and 41 of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 1909 empty bottles of liquor from house of Md. Chand and Gulsad.

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 the alleged recovery of empty bottles is from a

Patna High Court CR. MISC. No.29765 of 2023(2) dt.18-05-2023 2/2 place which does not belong to the petitioner and he came to be implicated based on the confessional statement of Md. Chand in police custody which does not have any evidentiary value. 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. 10,000/- (Rupees Ten Thousand) 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 Tajpur P.S. Case No. 53 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T