This order grants anticipatory bail to the petitioner in a Bihar Excise Act case involving liquor recovery, subject to surrender, bail bond, and specific conditions under Section 438(2) CrPC.
Petitioner to be released on anticipatory bail upon surrendering within six weeks, furnishing bond of Rs. 1,000/- with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30036 of 2023
Arising Out of PS. Case No.-70 Year-2021 Thana- KALYANPUR District- Samastipur
======================================================
PANDAV KUMAR Son of Bishwanath Mahto R/V- Ajna, Gopalpur, PSKalyanpur Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Ms. Asha Kumari, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 18-05-2023
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), 41(i)(ii) and 47 of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 1248.48 liters of liquor from a truck.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated based on the confessional statement of Chandan Kumar in police custody which does not have any evidentiary value, it is further
Patna High Court CR. MISC. No.30036 of 2023(2) dt.18-05-2023 2/2
submitted that petitioner is not the owner of the truck and at the cost of repetition the learned counsel for the petitioner submits that petitioner is a person with clean antecedent.
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 trial court 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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kalyanpur P.S. Case No. 70 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
GauravSinha/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case concerning liquor recovery punishable under the Bihar Excise Act.
1 provisions across 1 enactments
PANDAV KUMAR
The State of Bihar
SATYAVRAT VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
