Manish Kumar @ Manish @ Lalu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42172 of 2023 Arising Out of PS. Case No.-165 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== MANISH KUMAR @ MANISH @ LALU SON OF SURENDRA SINGH @ BHIKHARI SINGH R/O VILL MAUDAH CHATUR PS PATEPUR DISTRICT VAISHALI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Kumar, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32(1), 32(3), 36, 41(1) and 41(2) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that petitioner has antecedent of two cases.
Allegation is of recovery of 1470.240 litres of liquor from a pickup van found at Rampur Suresh Chowk. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the confessional statement of co-accused
Patna High Court CR. MISC. No.42172 of 2023(2) dt.06-07-2023 2/2 Jitan Ram in police custody which does not have any evidentiary value in the eye of law. It is further submitted that petitioner is not the owner of the seized vehicle. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Hajipur Excise P.S. Case No. 165 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T