Rishu Kumar @ Rishu Raj @ Sant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57867 of 2024 Arising Out of PS. Case No.-146 Year-2024 Thana- VAISHALI District- Vaishali ====================================================== Rishu Kumar @ Rishu Raj @ Sant Kumar S/o Awdhesh Prasad Singh R/o vill - Fuladh, P.S. - Vaishali, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-08-2024 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 44 of the Bihar Excise Act and Sections 78 and 79 of Juvenile Justice Act, 2015. 3.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 193.68 litres of liquor from the old house of Rameshwar Paswan. 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 even alleged recovery is from a place which does not belong to the petitioner. It is next submitted that he came to be implicated based on confessional statement of Ravi Ranjan in police custody which does not have any evidentiary value.

Patna High Court CR. MISC. No.57867 of 2024(2) dt.13-08-2024 2/2 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 Vaishali P.S. Case No. 146 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of more than one case, in that event the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) SUMIT/- U T