Patna High CourtCR. MISC./46887/2023bail granted

Ajay Rai @ Nandu @ Nandu Kumar Rai @ Nandu Rai v. The State Of Bihar

2023-07-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46887 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- PAROO District- Muzaffarpur ====================================================== AJAY RAI @ NANDU @ NANDU KUMAR RAI @ NANDU RAI SON OF BHUTTI RAI RESIDENT OF VILLAGE- GOPALPUR, PS- PAROO, DISTRICT-MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2023

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 offences punishable under Sections 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 2.7 liters of liquor from a motorcycle and 30.96 liters of liquor was also found near the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated based on confessional statement

Patna High Court CR. MISC. No.46887 of 2023(2) dt.24-07-2023 2/2 of Md. Akhtar in police custody which does not have any evidentiary value. It is also submitted that the petitioner is not the owner of the seized vehicle.

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

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 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 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Paroo P.S. Case No. 69 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T