Patna High CourtCR. MISC./18016/2022bail granted

Deepak Mishra @ Deepak Kumar Mishra v. The State Of Bihar

2022-07-29Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18016 of 2022 Arising Out of PS. Case No.-318 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== DEEPAK MISHRA @ DEEPAK KUMAR MISHRA Son of Ganesh Mishra Resident of Village - Dubauliya, P.S. - Majhauliya, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anil Kumar Singh, No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-07-2022 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 five cases and allegation is of recovery of 5.4 litres of liquor from a plastic bag kept on a motorcycle.

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 further submitted that the petitioner is neither the owner nor the driver

Patna High Court CR. MISC. No.18016 of 2022(2) dt.29-07-2022 2/2 of the alleged motorcycle and his name transpired in the confessional statement of Chhotu Singh in police custody 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. 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/successor court in connection with Majhauliya P.S. Case No. 318 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T