Patna High CourtCR. MISC./39028/2023bail granted

Gulshan Kumar v. The State Of Bihar

2023-06-27Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39028 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- SINGHIYA District- Samastipur ====================================================== GULSHAN KUMAR SON OF SUREN SINGH @ SURENDRA PRASAD SINGH RESIDENT OF VILLAGE- KUNDAL , WARD NO. 1, PSSINGHIA, DISTT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, A.P.P.

====================================================== 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 offence 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 915.42 liters of liquor from the hut of Dharmendra Sah and one Bolero has also been seized.

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 he came to be implicated based on the

Patna High Court CR. MISC. No.39028 of 2023(2) dt.27-06-2023 2/2 confessional statement of Dharmendra Sah in police custody which does not have any evidentiary value and petitioner is not the owner of the alleged vehicle.

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 trial court 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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Singhiya P.S. Case No. 96 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T