Santosh Choudhary @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30593 of 2022 Arising Out of PS. Case No.-330 Year-2021 Thana- PIPRA District- Supaul ====================================================== Santosh Choudhary @ Santosh Kumar, Son Of Tirtha Nand Choudhary R/OVill- Gonaha P.S.- Pratapganj, Dist.- Supaul ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Shri Prakash Tiwari For the Opposite Party/s :

Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 467, 468, 471 and 420 of the I.P.C. and Sections 30(a) and 41 of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 3051 litres of liquor from a truck. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is also submitted that petitioner is neither the owner, nor the driver of the vehicle and his name transpired in the confessional statement of Vinod

Patna High Court CR. MISC. No.30593 of 2022(3) dt.12-10-2022 2/2 Sah in police custody which does not have any evidentiary value.

Learned A.P.P. opposes the bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Pipra P. S. Case No.330 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T