Vivek Agrawal @ Vivek Kumar Agrawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13911 of 2024 Arising Out of PS. Case No.-653 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Vivek Agrawal @ Vivek Kumar Agrawal, Son of Janardhan Prasad Agrawal Resident of B.B. Ghosh Lane, Motijheel, P.S.- Town (Muzaffarpur), Dist.- Muzaffarpur, proprietor of Khantu Shyam Roadways, Godown Office situated at Mohala Sikandarpur, P.S.- Town, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Verma For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2024

1. Heard learned counsel for the petitioner and 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), 30(c), 30(f), 33 and 34(b) and 41(i) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 1000 litres of spirit from a Bolero vehicle.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.13911 of 2024(2) dt.07-03-2024 2/2 recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated based on confessional statement of Guddu Kumar in police custody, which does not have any evidentiary value, when admittedly petitioner is a person with clean antecedent.

5. Learned A.P.P. opposes the 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.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.1, East Champaran, Motihari in connection with Town (Motihari) P. S. Case No.653 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) vikash/- U T