Patna High CourtCR. MISC./47597/2023bail granted

Bhushan Raut v. The State Of Bihar

2023-07-27Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47597 of 2023 Arising Out of PS. Case No.-417 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== BHUSHAN RAUT SON OF HARENDRA RAUT RESIDENT OF VILLAGE BANKAT MUSHHARI WARD NO 3, PS- MAJHAULIA, DISTWEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Meena Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-07-2023

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) and 41 of the Bihar Prohibition and Excise Act, 2016.

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

4. Allegation is of recovery of 165 litres of liquor from the asbestos house of the petitioner and Harendra Raut.

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 came to be implicated based on the confessional statement of Harendra Raut in police custody which does not have any evidentiary

Patna High Court CR. MISC. No.47597 of 2023(2) dt.27-07-2023 2/2 value in the eye of law. It is further submitted that petitioner is not the owner of the house and the police in mechanical manner implicated him.

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 Majhaulia P.S. Case No. 417 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T