Laxman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60871 of 2022 Arising Out of PS. Case No.-97 Year-2022 Thana- SARAI District- Vaishali ====================================================== LAXMAN KUMAR S/O PRABHU NATH SINGH @ NATHU SINGH Resident of village- Sahdula Chowk, P.S.- Mahua, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2022 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 420, 467, 468, 471 and 120(B) of the Indian Penal Code and Sections 30(a), 32, 36 and 41(i)(ii) of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 2401.92 litres of liquor from a container and 190.080 litres of liquor from a Bolero vehicle. 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 next submitted that he came to be implicated based on confessional

Patna High Court CR. MISC. No.60871 of 2022(2) dt.22-11-2022 2/2 statement of Shahnabar in police custody which does not have any evidentiary value, it is next submitted that petitioner is neither the owner nor the driver of the alleged vehicle. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty 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 Sarai P.S. Case No. 97 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T