Allowed¶20

Rahul Kumar @ Rahul Prasad v. The State of Bihar

Patna HC27 Feb 2024CR. MISC./8899/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 30(a) Bihar Excise Act; alleged recovery of 12 litres of liquor from a shop; Danapur P.S. Case No. 629 of 2023; District Patna; Section 438(2) Cr.P.C. conditions; bail bond Rs. 500/- with two sureties; Criminal Miscellaneous No.8899 of 2024; Justice Satyavrat Verma; Patna High Court.

What did the court decide?

Anticipatory bail granted: petitioner to be released on arrest or surrender before the learned trial court within six weeks, on furnishing bail bonds of Rs. 500/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C. ¶20

Rahul Kumar @ Rahul Prasad Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8899 of 2024

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Arising Out of PS. Case No.-629 Year-2023 Thana- DANAPUR District- Patna

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======================================================

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Rahul Kumar @ Rahul Prasad S/O LALA PRASAD R/O- COMPANY BAGH, DANAPUR CANTT, YATYAT POLICE STATION, P.S.DANAPUR, DISTT. PATNA.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s : Mrs. Madhuri Lata, APP

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====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 27-02-2024

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

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

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3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 12 litres of liquor from a shop.

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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 and even alleged recovery is from a place which does not belong to the petitioner. It is next submitted that he came to be implicated based on

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Patna High Court CR. MISC. No.8899 of 2024(2) dt.27-02-2024 2/2

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confessional statement of co-accused in police custody which does not have any evidentiary value, when admittedly petitioner is a person with clean antecedent.

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

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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. 500/- (Rupees Five Hundred) 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 Danapur P.S. Case No. 629 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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SUMIT/-

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U T

Rahul Kumar @ Rahul Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rahul Kumar @ Rahul Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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