Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50847 of 2023 Arising Out of PS. Case No.-155 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Mithun Kumar, Son Of Ganga Ray Resident Of Village - Adarsh Nagar, Bhuidhara, P.S.- Samastipur (Muffasil), District - Samastipur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120(B)/ 34 of the I.P.C. and Sections 30(a)(b), 32, 36, 41(i)(ii), 44(i) and 62 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 932.760 litres of liquor from the asbestos house and two vehicles as detailed in the F.I.R. was seized.

4. The 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 confessional statement of Rakesh Kumar

Patna High Court CR. MISC. No.50847 of 2023(2) dt.07-08-2023 2/2 and Sunita Devi in police custody, which does not have any evidentiary value. It is next submitted that petitioner is not the owner of the seized vehicle. It is further submitted that even the alleged recovery is from a place, which is not habitable and is accessible to villagers at large. It is next submitted that police mechanically implicated Sunita Devi, the mother of the petitioner.

5. Learned A.P.P. opposes the bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-1, Samastipur in connection with Samastipur (M) P. S. Case No.155 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T