Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5499 of 2024 Arising Out of PS. Case No.-271 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== Rahul Kumar Son of Dilip Kumar Ray R/O village Jhakhara p.s. Sarairanjan distt. Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Bhushan Prasad For the Opposite Party/s :
Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Sarairanjan P.S. Case No.271/2023 registered for the offence punishable under Sections 30(a), 41(1) (2) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case. An allegation is of recovery of 1417.5 litres of liquor from two trucks and a Bolero car. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is also submitted that petitioner is not the owner of any of the seized vehicles and he came to be implicated based on confessional statement of Mithilesh Kumar in police custody,
Patna High Court CR. MISC. No.5499 of 2024(2) dt.15-02-2024 2/2 which does not have any evidentiary value in the eye of law.
4. Learned A.P.P. for the State opposes the prayer for 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 Court below 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 Exclusive Judge Excise-2, Samastipur in connection with Sarairanjan P.S. Case No.271/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T