Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44085 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- BAHADURPUR District- Patna ====================================================== CHANDAN KUMAR SON OF SHAMBHU PASWAN RESIDENT OF VILLAGE- RAMPUR, PS- BAHADURPUR, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar Singh, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-07-2023

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 Sections 420, 467, 468, 471 of the Indian Penal Code and under Sections 30(a)(b) (c)(d), 32, 34, 36, 41(1)(2) 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 10 liters of liquor, 25 gram of chemical substance namely Ossoro and several quantity of homeopathy medicine from the room of Savita Lodge.

4. 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

Patna High Court CR. MISC. No.44085 of 2023(2) dt.14-07-2023 2/2 implicated based on confessional statement of Manish and Vinod in police custody which does not have any evidentiary value. It is further submitted that petitioner is not the owner of the lodge in question nor has any concern with the seized article.

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 Bahadurpur P.S. Case No. 27 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T