Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55198 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- PHULWARIA District- Begusarai ====================================================== 1.

Sachin Kumar S/O Sanjay Mahto R/O Village- Vishhar Asthan, Phulwaria, PS Phulwaria, Dist. Begusarai 2.

Amit Kumar S/O Amarjit Mahto R/O Village- Vishhar Asthan, Phulwaria, PS Phulwaria, Dist. Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-08-2023

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

2. The petitioners apprehend their arrest in connection with Phulwaria P.S. Case No. 35 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 588.240 litres of liquor from a truck and 1965 litres liquor from room of an Anganbadi Centre.

4. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.55198 of 2023(2) dt.24-08-2023 2/2 was recovered from their conscious possession and they came to be implicated based on the confessional statement of Gautam Kumar in police custody which does not have any evidentiary value, it is further submitted that the petitioners are not the owner of the seized vehicle.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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) each 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 Phulwaria P.S. Case No. 35 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T