Patna High CourtCR. MISC./33087/2023bail granted

Ajit Kumar v. The State Of Bihar

2023-05-25Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33087 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Ajit Kumar son of Satrughan Srivastava @ Satrughan Prasad R/o- Suratganj ward no-18, Mahila College Road, Madhubani Ps- Madhubani Town DistMadhubani, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2023 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 Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 270 litres of liquor from a vehicle. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of co-accused in police custody which does not have any evidentiary value, it is

Patna High Court CR. MISC. No.33087 of 2023(2) dt.25-05-2023 2/2 further submitted that petitioner is not the owner of the alleged vehicle.

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. 5,000/- (Rupees Five 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 G.R. No. 26 of 2023 arising out of Madhubani Town P.S. Case No. 02 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T