Surendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51894 of 2023 Arising Out of PS. Case No.-183 Year-2023 Thana- THAWE District- Gopalganj ====================================================== SURENDRA KUMAR Son of Krishana Choudhary Resident of village - Videsi Tola, P.S. - Thawe, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepankar Raj, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases.

4. Allegation is of recovery of 20.200 litres of liquor from a motorcycle.

5. 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 the confessional statement of Mohan Kumar and Ravindra Kumar in police custody which does not have any evidentiary value in the eye of law.

Patna High Court CR. MISC. No.51894 of 2023(2) dt.16-08-2023 2/2

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that no pleadings have been made with regard to the seized vehicle i.e. whether the petitioner is the owner of the vehicle or not.

7. 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.10,000/- (Rupees Ten 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 Thawe P.S. Case No. 183 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. However, the learned trial court before accepting the bail bonds of the petitioner shall verify the ownership of the seized vehicle and if it is found that the vehicle belongs to the petitioner then the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) Kundan/- U T