Patna High CourtCR. MISC./6670/2022bail granted

Vikash Kumar v. The State Of Bihar

2022-09-29Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6670 of 2022 Arising Out of PS. Case No.-21 Year-2021 Thana- AMBA District- Aurangabad ====================================================== VIKASH KUMAR Son of Sri Pradhan Singh Resident of Village - Rampur Tolla Dahiyr, P.S. - Muffasil, District - Sasaram. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-09-2022 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 Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case as stated in supplementary affidavit and allegation is of recovery of 2800 litres spirit from a truck.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner had sold the truck to one Om Prakash on 31.12.2020 as would be evident from Annexure-2 to the

Patna High Court CR. MISC. No.6670 of 2022(3) dt.29-09-2022 2/2 anticipatory bail application, it is further submitted that though the name of the petitioner was not transferred but Om Prakash had purchased the vehicle after paying Rs. 3 lakhs which was recorded on a non-judicial stamp paper.

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. 20,000/- (Rupees Twenty 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 Amba P.S. Case No. 21 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T