Abhishek Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64443 of 2024 Arising Out of PS. Case No.-161 Year-2024 Thana- BARAULI District- Gopalganj ====================================================== Abhishek Kumar Singh S/o- Late Anil Kumar Singh @ Late Anil Singh resident of Village- Rampur Kala PS-Phulwariya Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurabh Kumar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-09-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act, Section 414 of the Indian Penal Code and Sections 25(1-B)a, 26 of the Arms Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 60.12 litres of liquor from a Scorpio vehicle. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle. It is next submitted that he came to be implicated based on confessional statement of Bullet Kumar in

Patna High Court CR. MISC. No.64443 of 2024(2) dt.04-09-2024 2/3 police custody which does not have any evidentiary value. 5.

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

6.

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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Barauli P.S. Case No. 161 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of more than one case, in that event, the present anticipatory bail order shall not be given effect to.

8.

Today 40 cases relating to excise were taken up. In 40 cases there were 52 petitioners out of which 32 petitioners were persons with clean antecedent, further in 17 cases the

Patna High Court CR. MISC. No.64443 of 2024(2) dt.04-09-2024 3/3 recovery is less than 30 liters of liquor, further in few cases the recovery was in between 01 liter to 10 liters as such the total amount of liquor alleged to have been seized is 5765.44 liters of liquor along with 120 litres of Chhoa.

(Satyavrat Verma, J) SUMIT/- U T