Patna High CourtCR. MISC./83515/2023bail granted

Golu Kumar v. The State Of Bihar

2024-02-21Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83515 of 2023 Arising Out of PS. Case No.-271 Year-2023 Thana- BHAGWANPUR District- Begusarai ====================================================== GOLU KUMAR S/o Manoj Kumar Ishwar @ Manoj Kumar @ Manoj Ishwar R/o Village-Sanjat, P.S-Bhagwanpur, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Fahimuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024

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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 900 ml. of liquor from the house of Shambhu Jha.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner came to be implicated based on confessional statement of co-accused in police custody which does not have any evidentiary value in the eye of law when petitioner

Patna High Court CR. MISC. No.83515 of 2023(3) dt.21-02-2024 2/2 admittedly is a person with clean antecedent. It is asserted and submitted that petitioner has no concern with Shambhu Jha.

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

7. 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.500/- (Rupees Five Hundred) 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 Bhagwanpur P.S. Case No. 271 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T