Patna High CourtCR. MISC./61118/2022bail granted

Arvind Ray @ Jogar @ Arvind Kumar @ Gagan v. The State Of Bihar

2022-11-22Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61118 of 2022 Arising Out of PS. Case No.-322 Year-2021 Thana- PATNA CITY CHOWK District- Patna ====================================================== ARVIND RAY @ JOGAR @ ARVIND KUMAR @ GAGAN S/O- Rambabu Ray R/O Village- Nepali Kothi, Kila Road, P.S- Chowk, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. K. Kishore (App 100), A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2022 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 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 39.31 liters of liquor from a Gumti. 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 next submitted that he came to be implicated based on confessional statement of co-accused in police custody which does not have any evidentiary value, it is also submitted that the said kiosk

Patna High Court CR. MISC. No.61118 of 2022(2) dt.22-11-2022 2/2 does not belongs to the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each 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 Patna City Chowk P.S. Case No. 322 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T