Patna High CourtCR. MISC./40212/2024bail granted

Akash Kumar v. The State Of Bihar

2024-07-01Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40212 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- SARE District- Nalanda ====================================================== Akash Kumar S/o Ashish Yadav R/o vill- VILLAGE AMBA BIGHA PS SARE DISTRICT NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 in connection with Sare P.S. Case No.28 of 2024.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 31.125 liters of liquor from Alok Kumar and 4.875 liters of liquor from a place near the house of Alok Kumar.

4. It is next submitted that petitioner was not arrested

Patna High Court CR. MISC. No.40212 of 2024(2) dt.01-07-2024 2/3 from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from Alok with whom petitioner has no concern and he came to be implicated based on confessional statement of Alok in police custody which does not have any evidentiary value.

5. The learned APP for the State opposes the anticipatory bail application.

6. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned 4th Additional District & Sessions Judge-cum-Special Judge, Excise,II, Nalanda at Biharsharif in connection with Sare P.S. Case No.28 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given

Patna High Court CR. MISC. No.40212 of 2024(2) dt.01-07-2024 3/3 effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T