Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60544 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- MUSAHARI District- Muzaffarpur ====================================================== CHANDAN KUMAR Son of Mahendra Sah Resident of Village - Rohua Apuch Dhiranpatti, P.S.- Bela, District - Muzaffarpur, Bihar. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2022 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 272, 273 and 34 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 85.5 litres liquor from a Dzire car and 62.25 litres liquor from an EcoSport car.
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.60544 of 2022(2) dt.16-11-2022 2/2 the alleged vehicle and he came to be implicated based on the confessional statement of co-accused persons in police custody which has no evidentiary value.
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. 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 Mushahari P.S. Case No. 28 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T