Patna High CourtCR. MISC./62264/2024bail granted

Dharambir Vishkarma v. The State Of Bihar

2024-09-02Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62264 of 2024 Arising Out of PS. Case No.-314 Year-2024 Thana- PATRAKARNAGAR District- Patna ====================================================== Dharambir Vishkarma Son Of Ram Pravesh Mistri Resident Of VillageHanuman Nagar, P.S.- Patraknagar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2024

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 Bihar Prohibition and Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of six cases and allegation is of recovery of 18.5 liters of liquor from possession of Rahul and 11 liters of liquor from possession of Rishu.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from Rahul and Rishu and he came to be implicated based on confessional statement of apprehended accused in police custody which does not have any

Patna High Court CR. MISC. No.62264 of 2024(2) dt.02-09-2024 2/2 evidentiary value.

5. The learned APP for the State opposes the anticipatory bail application.

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 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. 30,000 /- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Special Judge, Excise-1, Patna in connection with Patrakar Nagar, P.S. Case No. 314 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J.) Sudhanshu/- U T