Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33153 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- INDUSTRIAL District- Bhagalpur ====================================================== 1.

GAURAV KUMAR S/O VIVEKANAND KUMAR R/O VILLAGEBHARSO, P.S- PARBATTA, DISTT.- KHAGARIA. 2.

RUPESH KUMAR S/O NAWAL KISHORE KUNWAR R/O JYOTI VIHAR COLONY, P.S- INDUSTRIAL AREA, DISTT.- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Upadhyaya For the Opposite Party/s :

Mr. Braj Kishore Pd.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioners submits that petitioners have antecedent of one case and allegation is of recovery of 5.970 liters of liquor from a backpack of apprehended accused Ankit.

4. Learned counsel for the petitioners submits that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even the alleged recovery is from Ankit with whom petitioners have no concern and they came to be implicated based on the confessional statement of Ankit in police custody which does not have any evidentiary value.

Patna High Court CR. MISC. No.33153 of 2024(3) dt.26-07-2024 2/2

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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. 5,000/- (Rupees Five Thousand) each 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 Industrial Area P.S. Case No. 47 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, it is made clear the learned Trial Court before accepting the bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event if it is found that any of the petitioners have antecedent of more than one case in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) Rishabh/- U T