Monu Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37552 of 2022 Arising Out of PS. Case No.-63 Year-2022 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Monu Upadhyay Son Of Late Umakant Upadhyay R/O Village- Karjee, P.S.- Chainpur, Distt.- Kaimur At Bhabhua ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Pandey For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2022 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 Section 30(a) 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 18 litres of liquor from the plastic bag hidden in the asbestos house of Ramakant Upadhyay.

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. The learned counsel next submits that even the alleged recovery is from a place which does not belong to the petitioner and he has no concern

Patna High Court CR. MISC. No.37552 of 2022(2) dt.23-08-2022 2/2 with Ramakant Upadhayay and his name transpired in the confessional statement of Ankit Tiwari in police custody, 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Chainpur P. S. Case No.63 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