Sarvjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60556 of 2022 Arising Out of PS. Case No.-263 Year-2022 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1.

SARVJEET KUMAR Son of Vipin Kumar Ray R/O Village- Maniyarpur, P.S- Warisnagar, District- Samastipur 2.

Amarjeet Kumar S/O Rambalak Ray R/O Village- Gohitara, P.SWarisnagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a), 32(i)(ii), 36 and 41(i) of the Bihar Excise Act. Learned counsel for the petitioners submits that petitioner no.1 is a person with clean antecedent, petitioner no.2 has antecedent of one case and allegation is of recovery of 1198.800 litres liquor from a Brezza car and a pickup van. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and they came to

Patna High Court CR. MISC. No.60556 of 2022(2) dt.16-11-2022 2/2 be implicated based on the confessional statement of Sumit Aggarwal. It is also submitted that petitioners are neither the owner nor the driver of the alleged vehicles. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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. 10,000/- (Rupees Ten 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 Motipur P.S. Case No. 263 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T