Patna High CourtCR. MISC./38744/2023bail granted

Sandeep Kumar v. The State Of Bihar

2023-06-27Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38744 of 2023 Arising Out of PS. Case No.-237 Year-2022 Thana- AMBA District- Aurangabad ====================================================== SANDEEP KUMAR Son of Ramesh Singh Resident of village - Karma, P.s. - Chhatarpur, Distt. - Palamu (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-06-2023 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 Section 30(a) 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 25.2 litres of liquor from a motorcycle. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that motorcycle of the petitioner was stolen on 04.03.2022 and on the same date Chhatarpur P.S. Case No. 44 of 2022 was instituted, it is next submitted that the present FIR

Patna High Court CR. MISC. No.38744 of 2023(2) dt.27-06-2023 2/2 came to be instituted on 01.10.2022 and the motorcycle which was seized belonged to the petitioner and based on such fact, the petitioner came to be implicated.

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 Amba P.S. Case No. 237 of 2022, G.R. No. 1174 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T