Pintu Kumar @ Pintu Kumar Baitha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3818 of 2024 Arising Out of PS. Case No.-94 Year-2021 Thana- BHELDI District- Saran ====================================================== Pintu Kumar @ Pintu Kumar Baitha Son of Harendra Baitha R/o vill - Saray Bakhsh, P.S. - Bheldi, Distt. - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Tiwary For the Opposite Party/s :
Ms. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024
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 Sections 30(a), 36, 38 and 41(i) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 32.565 liters of liquor from a motorcycle parked near the house of the petitioner. It is next submitted that he came to be implicated based on confessional statement of co-accused Shiv Kumar Baitha in police custody which does not have any evidentiary value. It is also submitted that petitioner is not the owner of the motorcycle.
4. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.3818 of 2024(2) dt.13-02-2024 2/2 anticipatory bail of the petitioner.
5. 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. 5,000/- (Rupees Five 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 Bheldi P.S. Case No. 94 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T