Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70072 of 2022 Arising Out of PS. Case No.-63 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Satish Kumar Son Of Shyam Babu Ray R/O Village- Mayil Ward No.11, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Soban Asghar, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-12-2022 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 30(a), 32(i), 32(iii), 41(i) and 42(ii) of the Bihar Excise Act. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 150 litres liquor from an auto.

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 Randhir Ray in police custody which does not have any evidentiary value, it

Patna High Court CR. MISC. No.70072 of 2022(2) dt.19-12-2022 2/2 is further submitted that petitioner is neither the owner nor the driver of the alleged auto.

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. 1,000/- (Rupees One 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 Hajipur Excise P.S. Case No. 63 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

The learned trial court before accepting the bail bonds of the petitioner shall verify his criminal antecedents and if it is found that the petitioner has antecedent even of a single case, then the present anticipatory bail order shall not be acted upon. (Satyavrat Verma, J) Rishi/- U T