Patna High CourtCR. MISC./12920/2024bail granted

Lalit Chaupal v. The State Of Bihar

2024-03-05Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12920 of 2024 Arising Out of PS. Case No.-36 Year-2023 Thana- SAKATPUR District- Darbhanga ====================================================== Lalit Chaupal Son of Asharfi Chaupal Resident of Village - Pokhar Bhinda, P.S.- Sakatpur, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-03-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(A) of the Bihar Prohibition and Excise Act.

3. The learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 21 liters of liquor from a motorcycle.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the motorcycle he came to be implicated based on the confessional statement of Arjun Chaupal in police custody, which does not have any evidentiary value.

5. The learned APP for the State opposes the

Patna High Court CR. MISC. No.12920 of 2024(2) dt.05-03-2024 2/2 anticipatory bail application.

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 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.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sakatpur P.S. Case No.36 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T