Patna High CourtCR. MISC./72174/2023bail granted

Sumit Kumar v. The State Of Bihar

2024-02-19Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72174 of 2023 Arising Out of PS. Case No.-654 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== SUMIT KUMAR S/O DILIP TANTI MOHALLA- BHIKANPUR, GUMTI NO. 1, PS. ISHAKCHAK, DIST. BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Najmul Hodda For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of six cases and allegation is of total recovery of 355 liters of liquor out of which 328 liters of liquor is alleged to have been recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is also submitted

Patna High Court CR. MISC. No.72174 of 2023(3) dt.19-02-2024 2/2 that the house does not belong to the petitioner rather the same belongs to one Sanjeev Nayan which amply demonstrates that the police in a mechanical manner implicated the petitioner because of his antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand) 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 Kotwali (Jogsar) P.S. Case No. 654 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T