Bipin Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54003 of 2022 Arising Out of PS. Case No.-311 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== Bipin Kumar Thakur, S/O Chandeshwar Prasad Thakur R/O House No. 25, Hanumant Nagar, Near Raj Narayan Singh College, Balughat, P.S.- Balughat, District- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(A) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 22.5 litres of liquor from a Bolero pick-up van. The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that his name transpired in the confessional statement of coaccused Yashwant Kumar, which has no evidentiary value. It is

Patna High Court CR. MISC. No.54003 of 2022(2) dt.18-10-2022 2/2 also submitted that petitioner is neither the owner, nor the driver of the vehicle.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Kudhani (Phakuli O.P.) P. S. Case No.311 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T