Pradeep Kumar @ Pradeep Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47943 of 2022 Arising Out of PS. Case No.-497 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== PRADEEP KUMAR @ PRADEEP KUMAR MAHTO SON OF ARJUN MAHTO R/O VILLAGE- KHANPUR, NEAR DURGA MANDIR (WAD NO.-7), P.S.- KHANPUR, DISTRICT- SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mahendra Pratap, Advocate For the Opposite Party/s :
Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-09-2022 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 Section 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 2331.72 litres liquor from a truck. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated because of his antecedents, it is next submitted that petitioner is neither the owner nor the driver of the alleged truck
Patna High Court CR. MISC. No.47943 of 2022(2) dt.13-09-2022 2/2 and his name transpired in the confessional statement of Pawan and Ramesh in police custody which has no evidentiary value. 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. 20,000/- (Rupees Twenty 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 Excise Case No. 497 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T