Sunil Kumar @ Sunil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35269 of 2022 Arising Out of PS. Case No.-97 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== Sunil Kumar @ Sunil Mahto, Son Of Rambabu Mahto R/O- MohallaRupganj, Adda No. 2, P.S.- Town Chapra, Distt. -SARAN At Chapra ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== 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 30(a), 41(i)(ii) 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 40 litres of liquor from a vacant land at Roopganj.

The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. Neither the place from where the alleged recovery was made belongs to the petitioner rather his name transpired in the confessional statement of

Patna High Court CR. MISC. No.35269 of 2022(3) dt.12-10-2022 2/2 Jairam Rai and Shambhu Rai which has no evidentiary value. The learned Additional Public Prosecutor opposes the anticipatory 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 from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Chapra Twon P. S. Case No.97 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