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Patna High CourtCR. MISC./46927/2022bail granted

Md. Nasir @ Kaila v. The State Of Bihar

2022-09-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46927 of 2022 Arising Out of PS. Case No.-50 Year-2022 Thana- LAUKAHA District- Madhubani ====================================================== MD. NASIR @ KAILA Son of Mustakim Resident of Village - Ghormohana, P.S.- Laukaha (Lalmaniya), District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Nazir Ansari, 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 and 273 of the Indian Penal Code and 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 9 litre of liquor from a motorcycle and from the person of Ramdev Das.

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 the name of the petitioner transpired in the

Patna High Court CR. MISC. No.46927 of 2022(2) dt.06-09-2022 2/2 confessional statement of Ramdev Das with whom he has no connection and confessional statement per se does not have any evidentiary value, it is also submitted that petitioner is neither the owner nor the driver of the alleged motorcycle.. 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 trial court 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 trial court where the case is pending/successor court in connection with Laukaha P.S. Case No. 50 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T