Patna High CourtCR. MISC./48232/2023bail granted

Rohit Kumar @ Alter v. The State Of Bihar

2023-07-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48232 of 2023 Arising Out of PS. Case No.-116 Year-2022 Thana- TELHARA District- Nalanda ====================================================== ROHIT KUMAR @ ALTER Son of Ajay Prasad @ Ajay Kumar Mehta Resident of village - Telhara, Beldari Tola, ward no. 10, P.S. - Telhara, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Damodar Prasad Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2023

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 (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

4. Allegation is of recovery of 46.875 litres of liquor from a field.

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 based on the confessional statement of co-accused Akhilesh Yadav in police custody which does not have any

Patna High Court CR. MISC. No.48232 of 2023(2) dt.28-07-2023 2/2 evidentiary value in the eye of law. It is further submitted that petitioner is not the owner of the alleged place from where the recovery is alleged to have been made.

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.5,000/- (Rupees Five 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 Telhara P.S. Case No. 116 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T