Patna High CourtCR. MISC./43894/2023bail granted

Golu Kumar v. The State Of Bihar

2023-07-14Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43894 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- NAYAGAON District- Begusarai ====================================================== GOLU KUMAR SON OF RAM PRAKASH YADAV RESIDENT OF VILLAGE -SINGHPUR PUNARBAS LADHAUNA, PS- NAYA GAON, DIST- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-07-2023

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 has antecedent of three cases and allegation is of recovery of 3.6 liters of liquor from the dilapidated house of the petitioner.

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 and he came to be implicated based on secret information which is the easiest way

Patna High Court CR. MISC. No.43894 of 2023(2) dt.14-07-2023 2/2 to implicate someone, it is next submitted that even the alleged recovery is from a house which was not being used by the petitioner and is a joint family property.

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. 15,000/- (Rupees Fifteen 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 Naya Gaon P.S. Case No. 09 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T