Patna High CourtCR. MISC./44365/2022bail granted

Bachcha Rai @ Vivek Kumar v. The State Of Bihar

2022-08-30Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44365 of 2022 Arising Out of PS. Case No.-86 Year-2021 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== BACHCHA RAI @ VIVEK KUMAR SON OF BALISTER YADAV R/O VILLAGE- SEMRAHI, P.S.- YADOPUR, DISTRICT- GOPALGANJ ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2022 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 is a person with clean antecedent and allegation is of recovery of 682.92 liter liquor from a car in possession of Firoz Ansari.

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 his name transpired in the confessional statement

Patna High Court CR. MISC. No.44365 of 2022(2) dt.30-08-2022 2/2 of Firoz Ansari which has no evidentiary value, further petitioner is neither the owner nor the driver of the vehicle from which the alleged recovery has been made.

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. 2,000/- (Rupees Two 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 Vishambharpur P.S. Case No. 86 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T