Sumant Kumar @ Suman Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7227 of 2024 Arising Out of PS. Case No.-248 Year-2023 Thana- DEWARIA District- Muzaffarpur ====================================================== Sumant Kumar @ Suman Patel SON OF Chandeshwar Patel RESIDENT OF VILLAGE- BISHUNPUR SARAIYA PS- DEWARIA, DISTTMUZAFFARPUR ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-02-2024 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) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of four cases and allegation is of recovery of 8.640 litres of liquor from a motorcycle and 34.560 litres of liquor from a bush.

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 he is not the owner of the motorcycle and even alleged recovery of 34.560 litres of

Patna High Court CR. MISC. No.7227 of 2024(2) dt.22-02-2024 2/2 liquor is from a place which is accessible to public at large and he came to be implicated based on confessional statement of Sanjit Kumar in police custody, which does not have any evidentiary value.

5.

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

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioners 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. 20,000/- (Rupees Twenty 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 Deoriya P.S. Case No. 248 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T