Patna High CourtCR. MISC./8951/2022bail granted

Kamlesh Paswan v. The State Of Bihar

2022-07-08Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8951 of 2022 Arising Out of PS. Case No.-321 Year-2021 Thana- MADANPUR District- Aurangabad ====================================================== KAMLESH PASWAN Son of Lalmohan Paswan Resident of Village - Dashwat Khap, P.s.- Madanpur, Distt.- Aurangabad.(Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-07-2022 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 Sections 30(a) and 33 of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 1505 litres of liquor from white colour Bolero pickup vehicle and 70 litres of liquor from a Hyundai car. 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 driver nor the owner of the alleged vehicles and his name transpired in the confessional

Patna High Court CR. MISC. No.8951 of 2022(2) dt.08-07-2022 2/2 statement of co-accused Rehan Khan which has no evidentiary value.

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 and the fact that the petitioner is a person with clean antecedent, 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. 3,000/- (Rupees Three 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 Madanpur P.S. Case No. 321 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T