Anant Kumar Patel @ Nandu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.698 of 2022 Arising Out of PS. Case No.-107 Year-2021 Thana- PUPRI District- Sitamarhi ====================================================== Anant Kumar Patel @ Nandu Rai Son Of Ram Sagar Rai Resident Of Village - Ward No.4, P.S.- Pupri, Distt.- Sitamarhi.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mohit Shriwastava For the Opposite Party/s :
Mr. Binod Kumar No.III ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-07-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.
The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 141.480 litre of liquor from semi-constructed room of Bindeshwar Das.
The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. Further, even the recovery is not from a place which belongs to the petitioner and his name came in the confessional statement of co-accused
Patna High Court CR. MISC. No.698 of 2022(3) dt.22-07-2022 2/2 Mangal Das, which has no evidentiary value.
The learned Additional Public Prosecutor opposes the anticipatory bail application.
Considering the submissions made by the learned counsel for the petitioner and the fact the petitioner is a man of clean antecedent, 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Pupri P. S. Case No.107 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T