Mukesh Kumar @ Md v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25536 of 2023 Arising Out of PS. Case No.-283 Year-2019 Thana- SAHPUR District- Patna ====================================================== MUKESH KUMAR @ MD S/O LAKHAN RAI Resident of VillageDaudpur, P.S.- Shahpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Meena Singh, APP ====================================================== 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) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with one antecedent but inadvertently at para 3 it has been recorded that petitioner is a person with clean antecedent and thus seeks permission to make rectification in para 3 of the anticipatory bail application, permission is accorded.

It is next submitted allegation is of recovery of 30 liters of liquor from Arun Rai.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.25536 of 2023(2) dt.22-05-2023 2/2 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 Arun Rai in police custody, which does not have any 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 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 Shahpur P.S. Case No. 283 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T