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Patna High CourtCR. MISC./60535/2022bail granted

Sunil Kumar @ Sunil Kumar Rai @ Sunil Rai v. The State Of Bihar

2022-11-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60535 of 2022 Arising Out of PS. Case No.-132 Year-2022 Thana- PUNAURA District- Sitamarhi ====================================================== SUNIL KUMAR @ SUNIL KUMAR RAI @ SUNIL RAI Son of Ranjan Ray @ Rajan Ray R/V- Sirauli, P.S- Riga, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2022 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 Sections 414, 420, 467, 468, 471 and 34 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 2145.375 litres liquor from a container. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the confessional statement of Keshav Jha and Mohan Kumar in police custody which does not have any

Patna High Court CR. MISC. No.60535 of 2022(2) dt.16-11-2022 2/2 evidentiary value, it is further submitted that petitioner is neither the owner nor the driver of the alleged container. 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. 10,000/- (Rupees Ten 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 Punaura P.S. Case No. 132 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T