Patna High CourtCR. MISC./48104/2023bail granted

Pradeep Kumar @ Pradeep v. The State Of Bihar

2023-07-27Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48104 of 2023 Arising Out of PS. Case No.-29 Year-2022 Thana- DANAPUR District- Patna ====================================================== Pradeep Kumar @ Pradeep Son Of Rama Shankar Rai Resident Of Village - Sultanpur, P.S. - Danapur, Distt. - Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-07-2023

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 one case and the allegation is of recovery of 2160 litres of liquor from a Magic vehicle, scooty and two motorcycles 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 Vicky Kumar and Mantosh Kumar in police custody, which does not have any

Patna High Court CR. MISC. No.48104 of 2023(2) dt.27-07-2023 2/2 evidentiary value. It is further submitted that petitioner is not the owner of any 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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Danapur, Patna in connection with Special Case No.45 of 2022 arising out of Danapur P. S. Case No.29 of 2022, 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