Sumit Kumar Singh @ Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26574 of 2023 Arising Out of PS. Case No.-716 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== SUMIT KUMAR SINGH @ CHANDAN SINGH S/O UMESH SINGH Resident of Village- Mahua Singh Rai, P.S.- Mahua, District- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 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 468, 467, 420 and 414 of the Indian Penal Code and Sections 30(a), 32(ii), 36 and 41(1) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 3897.72 liters of liquor from a truck, Bolero and a Bolero vehicle and from kiln of one Sukesh Rai. 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 petitioner is not the owner of the alleged seized vehicle i.e., truck and the Bolero and he came to be implicated

Patna High Court CR. MISC. No.26574 of 2023(2) dt.16-05-2023 2/2 based on the confessional statement of co-accused in police custody which does not have any evidentiary value, it is next submitted that the police got him implicated because of his antecedents, it is next submitted that similarly situated coaccused, Lakshman Singh has been granted anticipatory bail by order dated 10.02.2023 in Cr. Misc. No. 6993 of 2023. 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. 25,000/- (Rupees Twenty Five 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 Hajipur Sadar P.S. Case No. 716 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T