Patna High CourtCR. MISC./36794/2022bail granted

Suraj Kumar v. The State Of Bihar

2022-08-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36794 of 2022 Arising Out of PS. Case No.-465 Year-2021 Thana- KORHA District- Katihar ====================================================== SURAJ KUMAR SON OF SITA RAM SAH R/O- MADHUBANI, SAKRAILI, POST- SEMAPUR, P.S.- BARARI, DISTRICT- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2022 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 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 990 litres liquor from a pickup van, 360 liter liquor from another pickup van and 62.28 litre from a car. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, petitioner is neither the owner nor the driver of any of the vehicle and as such he absolutely had no concern with the liquor and his name

Patna High Court CR. MISC. No.36794 of 2022(2) dt.23-08-2022 2/2 transpired in the confessional statement of Shiv Charan Paswan which has no evidentiary value in the eyes of law. 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. 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/successor court in connection with Korha P.S. Case No. 465 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T