Patna High CourtCR. MISC./40880/2023bail granted

Kartik Kumar Gupta @ Bhoju Ji v. The State Of Bihar

2024-03-14Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40880 of 2023 Arising Out of PS. Case No.-251 Year-2022 Thana- PALIGANJ District- Patna ====================================================== KARTIK KUMAR GUPTA @ BHOJU JI SON OF DILIP KUMAR GUPTA R/O KARIPANI BASTI, PS - CHANDRAPURA, DIST - BOKARO, JHARKHAND ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gaurav Prakash, Advocate For the Opposite Party/s :

Mr. Madan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-03-2024

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

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32, 36 and 41(i)(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 626.25 litres of liquor from a tractor.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is neither the owner nor the driver of the tractor and he came to be implicated

Patna High Court CR. MISC. No.40880 of 2023(3) dt.14-03-2024 2/2 based on confessional statement of apprehended accused in police custody which does not have any evidentiary value in the eye of law, when petitioner admittedly is a person with clean antecedent.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. 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.500/- (Rupees Five Hundred) 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 Paliganj P.S. Case No. 251 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T