Chhotelal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42253 of 2022 Arising Out of PS. Case No.-148 Year-2021 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Vikash Kumar Gupta @ Bikash Kumar Gupta S/O Birendra Prasad Gupta R/O Village - Shivala Road, Devi Mandir, Ward No. 11, P.S.- Daltonganj, District- Palamu (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Leelawati Kumari, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

Allegation is of recovery of 1515 litre of liquor from a pick-up van.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. He further submits

Patna High Court CR. MISC. No.42253 of 2022(2) dt.29-08-2022 2/2 that petitioner is neither the owner nor the driver of the vehicle nor is named in the FIR but his name transpired in the confessional statement of Mahendra Ram which has no evidentiary value in the eye of law.

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 Aurangabad Town P.S. Case No. 148 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T