Om Prakash Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46244 of 2022 Arising Out of PS. Case No.-244 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== OM PRAKASH CHAUDHARY SON OF JAGAN CHAUDHARY R/O VILLAGE- MESAUDHA KHARHUA, P.S.- KUNDWACHAINPUR, DIST.- EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ramesh Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-11-2022 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 414 of the Indian Penal Code and 30(a) of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 3241.93 liters of liquor from a pick-up van. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated based on the confessional statement of Rajesh Kumar Singh, Shivnarayan

Patna High Court CR. MISC. No.46244 of 2022(2) dt.04-11-2022 2/2 Sah and Alok Kumar Thakur, it is also submitted that petitioner is neither the owner nor the driver of the pick-up van or the truck, it is next submitted that confessional statement in police custody does not have any evidentiary value, it is also submitted that petitioner was implicated at the behest of police because of his antecedents.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) each 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 Chiraiya P.S. Case No. 244 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T