Patna High CourtCR. MISC./48666/2023bail granted

Akash Kumar v. The State Of Bihar

2023-07-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48666 of 2023 Arising Out of PS. Case No.-105 Year-2022 Thana- PASRAHA District- Khagaria ====================================================== AKASH KUMAR S/O RAM KUMAR ROY R/O VILLAGE- RAJWARA, WARD NO. 2, PS. BARAUNI, DIST. BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== 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 offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with three antecedent and allegation is of recovery of 885.42 liters of liquor from a Scorpio vehicle and milk van, further, 811.44 liters of liquor from another milk van.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the confessional statement of Sujit in police custody which does not have any evidentiary value, it is next

Patna High Court CR. MISC. No.48666 of 2023(2) dt.28-07-2023 2/2 submitted that the petitioner is not the owner of any of the seized vehicle and because of his antecedents came to be implicated.

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

6. 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. 15,000/- (Rupees Fifteen 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 Pasraha P.S. Case No. 105 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T