Patna High CourtCR. MISC./45043/2023bail granted

Guddu Singh v. The State Of Bihar

2023-07-17Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45043 of 2023 Arising Out of PS. Case No.-216 Year-2022 Thana- DHANAHA District- West Champaran ====================================================== GUDDU SINGH SON OF NAGENDRA SINGH RESIDENT OF VILLAGEKOKILDIH BIJBANIYA, PS -LAURIYA, DISTRICT -WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 123.840 liters of liquor from an auto.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the confessional statement of Sunil in police custody which does not have any evidentiary value, it is

Patna High Court CR. MISC. No.45043 of 2023(2) dt.17-07-2023 2/2 next submitted that the petitioner is not the owner of the seized vehicle.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dhanaha P.S. Case No. 216 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. Learned counsel for the petitioner seeks permission to make rectification at Para 1 and prayer portion of the anticipatory bail application during the course of the day.

8. Permission is accorded.

(Satyavrat Verma, J) HarshPandey/- U T