Amit Kumar @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54547 of 2022 Arising Out of PS. Case No.-449 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== AMIT KUMAR @ GOLU S/O UDAY PRASAD R/O VILLAGE - GOVINDPUR TUNDI ROAD NEAR RAS MANDIR, POLICE STATIONGOVINDPUR, DISTRICT- DHANBAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32 and 41 of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 8.640 liters liquor from a Pulsar motorcycle and 167.685 litres liquor from an auto.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is further submitted that petitioner is neither the owner nor the driver of

Patna High Court CR. MISC. No.54547 of 2022(2) dt.18-10-2022 2/2 any of the alleged vehicles and he came to be implicated based on confessional statement of co-accused Alok Pandit, Shankar Prasad, Taslim Ansari and Aslam Ansari in police custody which does not have any evidentiary value when admittedly the petitioner is a person with clean antecedent Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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. 1,000/- (Rupees One 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 Sheikhpura P.S. Case No. 449 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T