Wakil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39700 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- AMBA District- Aurangabad ====================================================== Wakil Singh, S/O Saryu Singh R/O Village- Kurtha, P.S.- Hariharganj, District- Palamu (Jharkhand) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Ms. Leelawati Kumari For the Opposite Party/s :

Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-08-2022 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, 2018.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 302.22 litres of liquor from a car. 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. It is next submitted that petitioner is neither the driver, nor the owner of the alleged car and his name transpired in the confessional statement of Anil Kumar in police custody, which has no evidentiary value.

Patna High Court CR. MISC. No.39700 of 2022(2) dt.24-08-2022 2/2 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 Amba P. S. Case No.122 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