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Patna High CourtCR. MISC./32750/2023bail granted

Dhirendra Pratap Singh @ Dhiraj Kumar v. The State Of Bihar

2023-05-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32750 of 2023 Arising Out of PS. Case No.-288 Year-2022 Thana- JAGDISHPUR District- Bhojpur ====================================================== DHIRENDRA PRATAP SINGH @ DHIRAJ KUMAR Son of Gopal Singh R/o- Dhaneja, P.S.- Durgawati, District - Kaimur at present R/o- Tenant of Apartment Near Patliputra Station, P.S.- Patliputra, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2023 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), 32(i)(ii), 36, 38 and 41 of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 2607 liters of liquor from a truck. 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 the confessional statement of co-accused in police custody which does not have any evidentiary value when

Patna High Court CR. MISC. No.32750 of 2023(2) dt.24-05-2023 2/2 admittedly, the petitioner is a person with clean antecedent, it is next submitted that the petitioner is not the owner of the truck. 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. 1,000/- (Rupees One Thousand) 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 Jagdishpur P.S. Case No. 288 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T