Patna High CourtCR. MISC./52413/2023bail granted

Ladu Kumar @ Laddu Kumar v. The State Of Bihar

2023-08-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52413 of 2023 Arising Out of PS. Case No.-303 Year-2022 Thana- PIPRA District- East Champaran ====================================================== LADU KUMAR @ LADDU KUMAR S/o- SETH SAHANI VillageHathiyahi Ps- Piprakothi Dist-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, 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), 41(i) 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 26 liters of liquor from a motorcycle.

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 at the instance of villagers but then the FIR does not disclose the name of the villager who disclosed the name of the petitioner which cast an aspersion on the case of the prosecution

Patna High Court CR. MISC. No.52413 of 2023(2) dt.16-08-2023 2/2 when admittedly petitioner is a person with clean antecedent and is not the owner of the seized vehicle.

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 trial court 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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Pipra P.S. Case No. 303 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T