Chhotu Paswan @ Chhotu Kumar @ Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51150 of 2023 Arising Out of PS. Case No.-80 Year-2023 Thana- RISIYAP District- Aurangabad ====================================================== CHHOTU PASWAN @ CHHOTU KUMAR @ PRAKASH KUMAR Son of Buttan Paswan Resident of village - Sundar Ganj, P.S. - Kutumba, Distt. - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Mukul Kumari, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Risiup P.S. Case No. 80 of 2023, G.R. No. 788 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 267.840 litres of liquor from an Alto car.
4. 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 based on confessional statement of co-accused in
Patna High Court CR. MISC. No.51150 of 2023(2) dt.07-08-2023 2/2 police custody which does not have any evidentiary value, it is further submitted that the petitioner is not the owner of the seized motorcycle.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One 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 Risiup P.S. Case No. 80 of 2023, G.R. No. 788 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T