Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28346 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== ARUN KUMAR SON OF LATE RAMCHANDRA MAHATO RESIDENT OF VILLAGE- RAMNAGAR KHEDA, PS- KHANPUR, DISTTSAMSTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Ms. Meena Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2023 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)(c)(d) of the Bihar Excise Act and Sections 419, 420, 467, 468 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 1811 empty bottles of 375 ml from an Omni Van. 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 the

Patna High Court CR. MISC. No.28346 of 2023(2) dt.17-05-2023 2/2 confessional statement of co-accused in police custody which does not have any evidentiary value, it is further submitted that petitioner is not the owner of the seized vehicle and because of his antecedents he came to be implicated in the present case. 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. 10,000/- (Rupees Ten 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. 39 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T