Sumit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82867 of 2023 Arising Out of PS. Case No.-333 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== SUMIT KUMAR D/O DILIP TANTI RESIDENT OF MOHALLABHIKANPUR, GUMATI NO. 1, P.S.- ISHAKCHAK, DISTRICTBHAGALPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024
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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner has antecedent of six cases.
4. Allegation is of recovery of 2.25 litres of liquor from the Scooty and 7.5 litres of liquor from the house of Uday Kumar Sah.
5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession nor petitioner is the owner of the Scooty. It is further submitted that petitioner has no
Patna High Court CR. MISC. No.82867 of 2023(3) dt.21-02-2024 2/2 concern with Uday Kumar Sah but came to be implicated based on confessional statement of co-accused in police custody which does not have any evidentiary value in the eye of law.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. 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.30,000/- (Rupees Thirty 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 Kotwali (Jogsar) P.S. Case No. 333 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T