Pravin Kumar @ Pravin Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38708 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- MAHINDWARA District- Sitamarhi ====================================================== PRAVIN KUMAR @ PRAVIN RAI Son of Prabhu Rai Resident of VillageGovind Pitaujhia (Wrongly given in F.I.R. Koahi), PS- Mahindwara, DistrictSitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Ranjan, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2023 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 272 and 273 of the Indian Penal Code read with Sections 30(a) and 36 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 252.25 litres of liquor from the thatched house of one Harendra Rai.
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
Patna High Court CR. MISC. No.38708 of 2023(2) dt.26-06-2023 2/2 implicated based on the confessional statement of Harendra Rai in police custody which does not have any evidentiary value, it is further submitted that even the alleged recovery is from a place which does not belong to the petitioner. 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. 1,000/- (Rupees One 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 Mahindwara P.S. Case No. 36 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T