SUBODH BHAGAT v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA Mr. Arvind Kumar, Advocate Ms. Asha Kumari, A.P.P. ORAL ORDER 2 17-08-2023

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

Learned counsel for the petitioner submits that petitioner has antecedent of five cases.

Allegation is of recovery of 144 litres of liquor from a Santro Car.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the confessional statement of Sanjeet Sahni in police custody which does not have any evidentiary value in the eye of law. It is further submitted that petitioner is not the Patna High Court CR. MISC. No.52962 of 2023(2) dt.17-08-2023 owner of the seized vehicle and because of his antecedent he came to be implicated by the police through Sanjeet Sahni.

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.25,000/- (Rupees Twenty-five 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 Baruraj P.S. Case No. 135 of 2023, G.R. No. 504 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T