Patna High CourtCR. MISC./49662/2022bail granted

Rahul Kumar @ Rahul Kumar Mahto v. The State Of Bihar

2022-09-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49662 of 2022 Arising Out of PS. Case No.-176 Year-2021 Thana- MARAUNA District- Supaul ====================================================== RAHUL KUMAR @ RAHUL KUMAR MAHTO S/o Kishan Mahto Resident of Village- Nirmali Ward No.03, P.S.- Nirmali, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2022 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 Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 1089 litres liquor from a container and 587.52 litres liquor from a Mahindra pickup van near the house of one Tej Narayan Sah.

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 further submitted that his name transpired in the confessional statement

Patna High Court CR. MISC. No.49662 of 2022(2) dt.20-09-2022 2/2 of Bharat Sah which has no evidentiary value, further the petitioner is neither the owner nor the driver of any of the alleged vehicles as detailed in the F.I.R.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty 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 Marauna P.S. Case No. 176 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T