Bittu Kumar @ Bittu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25788 of 2023 Arising Out of PS. Case No.-131 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== BITTU KUMAR @ BITTU KUMAR SINGH S/O SUNIL SINGH Resident of Village- Sethna Salaunja, P.S.- Halsi, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Vinay Pd. Singh For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 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) and 56(2)(ii) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedents of four cases and allegation is of recovery of 111.750 liters of liquor from a Car and 21 liters of liquor from 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 and he is neither the owner of the Car or the Motorcycle and he came to be

Patna High Court CR. MISC. No.25788 of 2023(2) dt.22-05-2023 2/2 implicated based on the confessional statement of Dhiraj Kumar in police custody which does not have any evidentiary value. It is next submitted that the police, because of his antecedents, got him implicated through Dhiraj.

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. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Lakhisarai P.S. Case No. 131/C-2 of 202 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T