Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9042 of 2023 Arising Out of PS. Case No.-157 Year-2022 Thana- MUSRIGHRARI District- Samastipur ====================================================== Mithun Kumar S/O Ganga Ray Resident Of Village- Adarsh Nagar, P.S.- Town, District- Samastipur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 467, 468, 471, 420/ 34 of the I.P.C. and Section 30(a), 32, 41 of the Excise Act, 2022.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 874.44 litres of liquor from different vehicles as recorded in the F.I.R.

The 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 confessional statement of Umesh Sah,

Patna High Court CR. MISC. No.9042 of 2023(3) dt.20-06-2023 2/2 which does not have any evidentiary value.

Learned A.P.P. opposes the bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court-1, Samastipur, in connection with Musarigharari P. S. Case No.157 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T