Munna Kahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4760 of 2021 Arising Out of PS. Case No.-398 Year-2020 Thana- KOILWAR District- Bhojpur ====================================================== MUNNA KAHAR S/o Sidhnath Kahar R/o village- Dhandiha, P.S.- Koilwar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Vardhan Narayan For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects, as pointed out by the office, when called upon to do so by the office. The petitioner is/are apprehending his arrest in connection with Koilwar P.S. Case No. 398 of 2020 for the offence registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is further submitted that name of the petitioner has surfaced on the basis of the confession statement made before the police by the co-accused, namely, Upadhyay Mistri, which has no evidentiary

Patna High Court CR. MISC. No.4760 of 2021(2) dt.25-11-2021 2/2 value. It is further submitted that there is no recovery from the conscious possession of the petitioner and the petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest/surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge cum Spl Excise Act, Bhojpur at Arrah in connection with Koilwar P.S. Case No. 398 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Sunil Kumar Panwar, J) Jagdish/- U T