Bhushan Mehta @ Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11713 of 2024 Arising Out of PS. Case No.-282 Year-2022 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Bhushan Mehta @ Amit Kumar Son of Late Rameshwar Mehta Resident of Village- Pama, Ward No. 2, P.S.- Saur Bazar (Patarghat OP), DistrictSaharsa. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Piyush Kumar Pandey For the Opposite Party/s :
Mr. Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Udakishunganj (Madhepura) P.S. Case No.282/2022, G.R. No. 606/2022, registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 213.840 litres of liquor from a Sumo Victa vehicle. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is neither the owner nor the driver of the seized vehicle and he came to be implicated based on confessional statement of
Patna High Court CR. MISC. No.11713 of 2024(2) dt.04-03-2024 2/2 Anmol Kumar in police custody, which does not have any evidentiary value.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. 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.10000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-5-cumSpecial Judge Excise-1, Madhepura in connection with Udakishunganj P.S. Case No.282/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T