Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18319 of 2024 Arising Out of PS. Case No.-2067 Year-2023 Thana- Excise P.S. District- Muzaffarpur ====================================================== Santosh Kumar Son of Sagar Singh Resident of Village- Karneji, P.S.- Belsar O.P., District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 103.68 liters of liquor from a bullet motorcycle and from the premises of Saurav Kumar.

It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is also submitted that even alleged recovery is from a place which does not belong to the petitioner and petitioner is not the owner of the seized motorcycle nor he has any connection with Saurav, but then he came to be implicated

Patna High Court CR. MISC. No.18319 of 2024(2) dt.20-03-2024 2/2 based on confessional statement of Saurav in police custody which does not have any evidentiary value, when petitioner admittedly is a person with clean antecedent. The learned APP for the State opposes the anticipatory 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.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.II, Muzaffarpur in connection with Excise P.S. Case No.2067 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T