Utkarsh Raj @ Sunny Kumar @ Sunny v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28772 of 2023 Arising Out of PS. Case No.-109 Year-2023 Thana- JAGDISHPUR District- Bhojpur ====================================================== UTKARSH RAJ @ SUNNY KUMAR @ SUNNY SON OF DINESHWAR PRASAD @ DINESHWAR PRASAD SINGH R/O-BAIRAHI, P.S.- JAGDISHPUR, DISTT.-BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha For the Opposite Party/s :

Mr. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-05-2023 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), 32(i)(ii), 41(i)(ii) of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 1010.16 liters of liquor from two motorcycles, one Tata Ace and a Scorpio.

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 came to be implicated based on the confessional statement of Amit Kumar

Patna High Court CR. MISC. No.28772 of 2023(2) dt.18-05-2023 2/2 in police custody which does not have any evidentiary value and it is also submitted that the petitioner is not the owner of any of the seized vehicle, it is next submitted that police in order to save the real culprits, falsely implicated the petitioner through Amit when admittedly, petitioner is a person with clean antecedent.

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. 1,000/- (Rupees 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 Jagdishpur P.S. Case No. 109 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T