Patna High CourtCR. MISC./45155/2023bail granted

Niraj Kumar v. The State Of Bihar

2023-07-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45155 of 2023 Arising Out of PS. Case No.-147 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== NIRAJ KUMAR S/O BANDHAN ISHWAR R/O Village- Salimpur, P.SBachhwara, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2023

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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 17.280 litres of liquor from a Maruti Car and a motorcycle parked near the Balan River.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated in the confessional statement of Shishupal Sahani in police custody which does not have any evidentiary value in the

Patna High Court CR. MISC. No.45155 of 2023(2) dt.20-07-2023 2/2 eye of law. It is further submitted that petitioner is not the owner of the alleged seized vehicle.

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

7. 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.1,000/- (Rupees One 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 Bachhwara P.S. Case No. 147 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T