Viru Kumar @ Biru Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34771 of 2023 Arising Out of PS. Case No.-339 Year-2022 Thana- BODHGAYA District- Gaya ====================================================== VIRU KUMAR @ BIRU KUMAR S/O Awadhesh Vishwakarma @ Avdhesh Mistri R/O Vilage- Parariya, P.S- Bodh Gaya, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No.2, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-06-2023 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 467, 468, 470 and 120(B) of the Indian Penal Code read with Section 30(a) 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 639 litres of liquor from a vehicle, 1395 litres liquor from a godown and a scooty was also seized, further 2322 litres liquor from a room within the premises of the godown was seized.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.34771 of 2023(2) dt.21-06-2023 2/2 was recovered from his conscious possession and he came to be implicated based on confessional statement of co-accused in police custody which does not have any evidentiary value and even the place from where recovery was made does not belong to the petitioner.

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 Bodh Gaya P.S. Case No. 339 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T