Patna High CourtCR. MISC./36403/2023bail granted

Pravin Kumar @ Praveen Singh @ Pallu Kumar v. The State Of Bihar

2023-08-03Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36403 of 2023 Arising Out of PS. Case No.-105 Year-2023 Thana- BANMANKHI District- Purnia ====================================================== PRAVIN KUMAR @ PRAVEEN SINGH @ PALLU KUMAR S/O RADHESHYAM SINGH @ VIDEO SINGH R/O Mohalla- Kajhi Hiraday Nagar, Ward No. 05, P.S- Banmankhi, Distt.- Purnia. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinav Alok, Advocate For the Opposite Party/s :

Mr. Nityanand, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023

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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

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

4. Allegation is of recovery of 11.05 litres of liquor from the straw house of the petitioner.

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 he came to be implicated based on the confessional statement of co-accused Radheshyam Singh in police custody which does not have any

Patna High Court CR. MISC. No.36403 of 2023(3) dt.03-08-2023 2/2 evidentiary value in the eye of law, even the alleged place of recovery is not within the house rather is outside the house and is accessible to villagers at large and is a joint family property.

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.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 Banmankhi P.S. Case No. 105 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T