Netaji @ Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41741 of 2022 Arising Out of PS. Case No.-312 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== NETAJI @ GAUTAM KUMAR S/o Ram Prit Sharma R/o villageRastriyaganj, P.S.- Fulwaria, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Advocate For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2022 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 has antecedent of three cases and allegation is of recovery of 3.375 litres of liquor from the house of Deepu Singh.

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 petitioner is not named in the F.I.R. and his name transpired in the confessional statement of co-accused which has

Patna High Court CR. MISC. No.41741 of 2022(2) dt.29-08-2022 2/2 no evidentiary value.

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. 10,000/- (Rupees Ten 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 Naubatpur P.S. Case No. 312 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T