Patna High CourtCR. MISC./15532/2022bail granted

Shambhu Kumar v. The State Of Bihar

2022-07-22Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15532 of 2022 Arising Out of PS. Case No.-223 Year-2021 Thana- AMBA District- Aurangabad ====================================================== SHAMBHU KUMAR SON OF NARESH SAO RESIDENT OF VILLAGEAMBA PASWAN TOLA, P.S.- AMBA, DISTRICT- AURANGABAD (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 193.800 litres of liquor from an auto. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that he is neither the owner nor the driver of the auto and co-accused Dipu Kumar who was driving the auto was

Patna High Court CR. MISC. No.15532 of 2022(2) dt.22-07-2022 2/2 arrested and in his confessional statement the name of the petitioner transpired 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, 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. 5,000/- (Rupees Five 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 Amba P.S. Case No. 223 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/Shivam/- U T