Patna High CourtCR. MISC./53029/2024bail granted

Rajesh Ram v. The State Of Bihar

2024-08-02Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53029 of 2024 Arising Out of PS. Case No.-131 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Rajesh Ram, Son Of Tufani Ram Village- Rampur Madho, Ps- Kuchaikote, Dist- Gopalganj ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 67.425 litres of liquor from a sack from the possession of six accused persons out of which, two persons managed to flee, 45 litres of liquor from a motorcycle apart from 6.3 litres of liquor from the possession of Lalan Kumar Singh.

Patna High Court CR. MISC. No.53029 of 2024(2) dt.02-08-2024 2/3

4. The 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 confessional statement of apprehended accused in police custody, which does not have any evidentiary value.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV-cum- Exclusive Special Judge Excise Court No.II, Gopalganj in connection with Kuchaikote P. S. Case No.131 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

Patna High Court CR. MISC. No.53029 of 2024(2) dt.02-08-2024 3/3

8. It is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than two cases, in that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T