Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40293 of 2022 Arising Out of PS. Case No.-51 Year-2022 Thana- BALIGAON District- Vaishali ====================================================== Mukesh Kumar, Son Of Parmanand Rai R/O- Village- Khaujpur Basti, PsBaligaon, Distt- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-08-2022 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 Sections 30(a), 32(ii), 36, 41(i) of the Excise Act, 2016. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 3028.680 litres of liquor from a truck. 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 owner, nor the driver of the vehicle and he came to be implicated based on confessional statement, which has no evidentiary value.

Patna High Court CR. MISC. No.40293 of 2022(2) dt.25-08-2022 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. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Baligaon P. S. Case No.51 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