Patna High Court granted anticipatory bail to petitioner in an excise case involving liquor seizure. Court directed surrender within six weeks and adherence to standard bond conditions under Section 438 CrPC.
Released on anticipatory bail upon surrender within six weeks; to furnish bail bond of Rs.1,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5085 of 2023
Arising Out of PS. Case No.-88 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura
====================================================== BARUN KUMAR RAKSHIT SON OF KRISHNA KUMAR RAKSHIT RESIDENT OF VILLAGE- 164, BAITHAK KHANA ROAD, K.M.C. MUCHHIPARA, P.S.- RAJA RAM MOHAN SARANI, DISTRICTKOLKATA, WEST BENGAL
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Opposite Party/s : Mr. Ravindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
3 22-05-2023
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 Sections 30(a), 32(ii) and 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.
Allegation is of recovery of 203.750 litres of liquor from a Scorpio vehicle and Dilip Ram and Raju Kumar were arrested.
Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.5085 of 2023(3) dt.22-05-2023 2/2
recovered from his conscious possession and petitioner is not the owner of the vehicle and came to be implicated based on the confessional statement of co-accused in police custody which does not have any evidentiary value in the eye of law when petitioner is a person with clean antecedent.
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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand) 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 Sheikhopur Sarai P.S. Case No. 88 of 2022 (Excise Case No. 303 of 2022), subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
Kundan/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in an excise case with clean antecedents even though implicated based on a co-accused’s confession.
2 provisions across 2 enactments
Barun Kumar Rakshit
The State of Bihar
Satyavrata Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
