Patna High CourtCR. MISC./74239/2023bail granted

Pintu Kumar @ Anand v. The State Of Bihar

2024-02-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74239 of 2023 Arising Out of PS. Case No.-127 Year-2023 Thana- DHANSOI District- Buxar ====================================================== Pintu Kumar @ Anand, S/O Ram Chandra Singh Village- Dhobahi, Ps. Dhansoi, Dist. Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 95 litres of liquor from Tata Magic vehicle and 40 litres from two motorcycles.

4. 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

Patna High Court CR. MISC. No.74239 of 2023(3) dt.20-02-2024 2/2 next submitted that petitioner is not the owner of any of the seized vehicle and he came to be implicated in the confessional statement of Kanhaiya Kumar in police custody, which does not have any evidentiary value.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, abovenamed, 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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court No.1, Buxar in connection with Dhansoi P. S. Case No.127 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T