Patna High CourtCR. MISC./52892/2023bail granted

Ritesh Kumar @ Jai Prakash Kumar v. The State Of Bihar

2023-08-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52892 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- EKCHARI District- Bhagalpur ====================================================== RITESH KUMAR @ JAI PRAKASH KUMAR S/O KAILASH MANDAL R/O VILLAGE- CHOTTI CHATAIYA, P.S- EKCHARI, DISTT.- BHAGALPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-08-2023

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 has antecedent of one case and allegation is of recovery of 34 liters of liquor from the roof of the house of Kailash Mandal.

4. Learned counsel for the petitioner submits that the 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 Kailash Mandal

Patna High Court CR. MISC. No.52892 of 2023(2) dt.16-08-2023 2/2 in police custody which does not have any evidentiary value, it is next submitted that even the alleged recovery is from a place which does not belong to the petitioner.

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. 5,000/- (Rupees Five 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 Ekchari P.S. Case No. 21 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T