Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39949 of 2023 Arising Out of PS. Case No.-121 Year-2023 Thana- UCHKAGAON District- Gopalganj ====================================================== Sandeep Kumar, Son Of Om Prakash Singh Resident Of Village Chhotka Sakhe, Ps- Uchakagaon, District- Gopalganj (BIHAR), Pin Code- 841438 ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajesh Roy- Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2023 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) (b) of the Excise Act, 2022.

The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 567 litres of liquor from a Bolero vehicle and 18 litres of liquor from a motorcycle.

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 and he came to be implicated based on confessional statement of Vikash Kumar in police custody, which does not have any evidentiary value. It is

Patna High Court CR. MISC. No.39949 of 2023(2) dt.03-07-2023 2/2 next submitted that petitioner is not the owner of any of the seized vehicles.

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 Additional District Judge-II-cum-Special Judge, Excise Court-1, Gopalganj in connection with Uchakagaon P. S. Case No.121 of 2023, 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