Patna High CourtCR. MISC./47138/2023bail granted

Manish Kumar @ Lalu v. The State Of Bihar

2023-07-25Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47138 of 2023 Arising Out of PS. Case No.-148 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Manish Kumar @ Lalu, Son Of Surendra Singh @ Bikhari Singh Resident Of Village - Modah Chatur, P.S. - Patepur, Distt. - Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Suruchi Anand For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2023

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 Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of three cases and the allegation is of recovery of 108 litres of liquor from two motorcycles and one Scorpio vehicle as detailed in the F.I.R.

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 Rahul Kumar and Ankit Kumar in police custody, which does not have any

Patna High Court CR. MISC. No.47138 of 2023(2) dt.25-07-2023 2/2 evidentiary value. It is next submitted that petitioner is not the owner of the seized vehicle.

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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned I/c Exclusive Special Prohibition and Excise Court (Second), Vaishali at Hajipur in connection with Vaishali (Patepur) P. S. Case No.148 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