Md. Lalo @ Mhd Lalo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17391 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== MD. LALO @ MHD LALO S/O MHD. KAIYUM @ MD. QAIYUM Resident of village- Satmalpur, P.S.- Warisnagar, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 41(1)(2), 32(2), 32(3) of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 774 liters of liquor from three pickup vans and six motorcycles as detailed in the FIR.

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 came to be implicated based on confessional statement of co-accused Mithun which has no evidentiary value,

Patna High Court CR. MISC. No.17391 of 2023(2) dt.10-05-2023 2/2 it is further submitted that petitioner is neither the owner nor the driver of any of the vehicles detailed in the FIR. 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 trial court 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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Warisnagar P.S. Case No. 11 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T