Harish Chandra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68834 of 2022 Arising Out of PS. Case No.-252 Year-2019 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Harish Chandra Kumar, Son Of Vishundeo Singh Resident Of VillageFatehpur Bala, P.S.- Musrigharai, Ditrict- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 30(g)/ 32(ii) of the Excise Act, 2016. The learned counsel for the petitioner submits that the petitioner has antecedent of five cases and the allegation is of recovery of 2239.125 litres of liquor from a truck. The learned counsel for the petitioner submits that petitioner was not arrested 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 statement of co-accused in police custody. It is further submitted that petitioner is neither the owner, nor the driver of the alleged truck

Patna High Court CR. MISC. No.68834 of 2022(2) dt.13-12-2022 2/2 and he came to be implicated because of his antecedents. Learned A.P.P. opposes the bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Mojahidpur P. S. Case No.252 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T