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Patna High CourtCR. MISC./64498/2022allowed

Laxman Kumar @ Pappu v. The State Of Bihar

2022-12-02Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64498 of 2022 Arising Out of PS. Case No.-606 Year-2022 Thana- ARARIA District- Araria ====================================================== LAXMAN KUMAR @ PAPPU S/O NATHU SINGH Resident of villageSahdullchak, P.S.- Mahua, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 467, 468 and 420 of the Indian Penal Code read with Sections 30(a), 32(1)(2), 36 and 41(1)(2) of the Bihar Excise Act. Learned counsel for the petitioner submits that petitioner has antecedent of three cases and allegation is of recovery of 3294 litres liquor from a truck.

Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the confessional statement of Sagir Hussain in police custody which does not have any evidentiary value, it

Patna High Court CR. MISC. No.64498 of 2022(2) dt.02-12-2022 2/2 is next submitted that police got him implicated through Sagir as he had antecedents when the petitioner is neither the owner nor the driver of the alleged truck.

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. 20,000/- (Rupees Twenty 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 Araria P.S. Case No. 606 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T