Raushann Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65857 of 2022 Arising Out of PS. Case No.-66 Year-2021 Thana- SURYAGARHA District- Lakhisarai ====================================================== Raushann Kumar Son Of Arvind Kumar @ Arvind Singh R/O VillageRampur, P.S.- Suryagadha, District- Lakhisarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Choubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2022 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 Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 45 liters liquor from a Hyundai car and 67.500 liters liquor from the bushes near a bridge at Jakhraj Sthan. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner came to be implicated based on the confessional statement of Niraj Kumar and Homi Kumar in

Patna High Court CR. MISC. No.65857 of 2022(2) dt.06-12-2022 2/2 police custody which does not have any evidentiary value, it is also submitted that petitioner is neither the owner nor the driver of the alleged vehicle and even the place from where the recovery was made is a place accessible to public at large. 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. 10,000/- (Rupees Ten 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 Suryagadha P.S. Case No. 66 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/Shubham/- U T