Madhav Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7194 of 2024 Arising Out of PS. Case No.-144 Year-2023 Thana- BHAPTIAHI District- Supaul ====================================================== Madhav Kumar Singh S/O- Om Prakash Singh @ Sunil Singh R/O- VillageKunauli (WARD No.- 10) P.S.- Kunauli, Dist.- Supaul. ... ... Petitioner/s

Versus

The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Jha For the Opposite Party/s :

Mr.Suresh Prasad 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 Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 1188 litres of liquor from a Xylo car. 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. It is next submitted that the petitioner is neither the owner nor the driver of the seized vehicle and he came to be implicated based on confessional statement of Sanjay Kumar Sharma in police custody, which does not have any

Patna High Court CR. MISC. No.7194 of 2024(2) dt.22-02-2024 2/2 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 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 Bhaptiyahi P.S. Case No. 144 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T