Mukesh Kumar Singh @ Mukesh Singh @ Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29422 of 2023 Arising Out of PS. Case No.-1097 Year-2022 Thana- BIHTA District- Patna ====================================================== MUKESH KUMAR SINGH @ MUKESH SINGH @ MUKESH KUMAR Son of Raghuwansh Prasad Singh Resident of village - Kalapahar, P.O. - Kalapahar, P.S. - Jandaha, Dist. - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== 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 420, 467, 468, and 34 of the Indian Penal Code and Section 30(a), 32, 36 and 41 of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with one antecedent and allegation is of recovery of 877.5 liters of liquor from a truck and Subhash, Dhanu along with Azad were arrested.
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
Patna High Court CR. MISC. No.29422 of 2023(2) dt.18-05-2023 2/2 implicated based on the confessional statement of Md. Azad in the police custody, which does not have any evidentiary value, further it is submitted that petitioner is not the owner of the truck.
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 Bihta P.S. Case No. 1097 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Adnan/- U T