Santosh Rai @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46013 of 2022 Arising Out of PS. Case No.-450 Year-2021 Thana- MINAPUR District- Muzaffarpur ====================================================== SANTOSH RAI @ SANTOSH KUMAR SON OF MAHESH RAI R/O VILLAGEBAJARMURIA, P.S.- SIWAIPATTI, DISTRICTMUZAFFARPUR (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2022 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 Sections 272, 273, 414, 120(B) and 34 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act and Sections 25(1-b)a, 26 and 35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of liquor and cartridges from the co-accused who were apprehended at the place of occurrence and disclosed the name of the petitioner.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.46013 of 2022(2) dt.06-09-2022 2/2 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 of co-accused which has 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. 20,000/- (Rupees Twenty 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 Meenapur P.S. Case No. 450 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. with a condition that one of the bailors of the petitioner shall be his father Mahesh Rai. (Satyavrat Verma, J) Rishi/- U T