Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32182 of 2023 Arising Out of PS. Case No.-813 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Munna Kumar Son Of Shital Prasad Singh @ Shital Parasad R/O-Kubauli Ram, Muradpur Bangra, P.S.-TAJPUR, Distt.-SAMASTIPUR (MOBILE No. 9934930214) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Ms.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2023 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 420, 468, 467, 471/34 of the I.P.C. and Sections 30(a), 32(i), 32(ii), 36, 41(i) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 2385 litres of liquor from a container and three persons were arrested.

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 next submitted

Patna High Court CR. MISC. No.32182 of 2023(2) dt.24-05-2023 2/2 that he came to be implicated based on confessional statement of co-accused in police custody, which does not have any evidentiary value. It is next submitted that petitioner is not the owner of the container.

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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.II, Muzaffarpur in connection with Kanti P. S. Case No.813 of 2022, 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