Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14536 of 2022 Arising Out of PS. Case No.-21 Year-2022 Thana- CHACKMEHSI District- Samastipur ====================================================== CHANDAN KUMAR Son of Sukhal Mahto Resident of Village - Malikaur, P.S.- Pusa, Distt.- Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s:

Mr. Anand Kishore Choudhary, A.P.P.

====================================================== 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 the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32(ii) and 48(i) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Allegation is of recovery of 4257 litres of liquor from a truck.

Submission is that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. Petitioner is neither the owner nor the driver of the truck and his name transpired in the confessional statement of co-accused Baljeet Singh, Vikramjeet Singh and Sanjeet Kumar,

Patna High Court CR. MISC. No.14536 of 2022(2) dt.22-07-2022 2/2 who were apprehended, which has no evidentiary value. Petitioner has got no criminal antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. Considering the aforesaid submissions, let 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 Chakmehsi P.S. Case No. 21 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T