Aditya Kumar @ Sonu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31268 of 2023 Arising Out of PS. Case No.-103 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== ADITYA KUMAR @ SONU SINGH SON OF ANIL KUMAR SINGH RESIDENT OF VILLAGE- NANDPURI, BHAGWANPUR, PS- SADAR, DIST- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Ms. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-05-2023 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), 36, 41(i) of the Bihar Prohibition and Excise Act, 2016-18.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 483.120 litres of liquor from a car and an orchard.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the confessional statement of co-accused in

Patna High Court CR. MISC. No.31268 of 2023(2) dt.19-05-2023 2/2 police custody which does not have any evidentiary value in the eye of law, when admittedly petitioner is a person with clean antecedent and is also not the owner of any of the seized articles.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kanti P.S. Case No. 103 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T