Rajesh Kumar @ Anurag Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41587 of 2023 Arising Out of PS. Case No.-435 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== 1.

Rajesh Kumar @ Anurag Kumar, Son Of Sahdeo Prasad @ Sahdev Yadav Village- Mangar Ps- Nawada Nagar Dist- Nawada 2.

Rakesh Kumar, Son Of Sahdeo Prasad @ Sahdev Yadav Village- Mangar PsNawada Nagar Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2016.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is of recovery of 48 litres of liquor along with 60 litres of bear from the house of Uday Singh.

The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and they came to be

Patna High Court CR. MISC. No.41587 of 2023(2) dt.05-07-2023 2/2 implicated based on confessional statement of Akhilesh Kumar, which does not have any evidentiary value and petitioners are students, nor the petitioners are related with Uday Singh. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-2, Nawada in connection with Excise P. S. Case No.435 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T