Lavkush Kumar @ Lavkush Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Lavkush Kumar @ Lavkush Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: on arrest or surrender before the learned Court below within six weeks, petitioner to be released on bail on furnishing bail-bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each, to the satisfaction of the learned Special Judge of Excise-01, Aurangabad, in connection with Amba P.S. Case No.248 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Issue for consideration

Whether the petitioner, sought to be arrested in connection with Amba P.S. Case No. 248 of 2023 registered for offences under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 (alleged recovery of 40 litres of liquor from a motorcycle), is entitled to bail in anticipation of his arrest.

Court's answer

In the event of the petitioner's arrest or surrender before the learned Court below within a period of six weeks, he is directed to be released on bail on furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Special Judge of Excise-01, Aurangabad, in connection with Amba P.S. Case No.248 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

The anticipatory bail application stands allowed.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Coram: Satyavrat Verma, J.), oral order dated 11-03-2024 in Crl. Misc. No.14491 of 2024 — petitioner Lavkush Kumar @ Lavkush Paswan sought pre-arrest bail in Amba P.S. Case No. 248 of 2023, District Aurangabad, registered for offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, the allegation being recovery of 40 liters of liquor from a motorcycle; petitioner's counsel urged clean antecedents, absence of arrest from the spot, lack of conscious possession, non-ownership of the seized vehicle and implication based on an alleged confessional statement of one Manish in police custody lacking evidentiary value; APP opposed. Considering the submissions, the Court directed that in the event of arrest or surrender before the learned Court below within six weeks, the petitioner be released on bail on furnishing bail-bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Special Judge of Excise-01, Aurangabad, subject to conditions under Section 438(2) of the Cr.P.C. Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14491 of 2024

Arising Out of PS. Case No.-248 Year-2023 Thana- AMBA District- Aurangabad

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Lavkush Kumar @ Lavkush Paswan Son of Amrika Paswan Resident of Village- Jagai, P.S.- Amba, District- Aurangabad

.. ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance : For the Petitioner/s : Ms.Mukul Kumari, Advocate For the Opposite Party/s : Mr.Arun Kumar, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 11-03-2024

Heard learned counsel for the petitioner as well as

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) of the Bihar Prohibition and Excise Amendment Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 40 liter of liquor from a motorcycle.

It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated based on confessional statement of Manish in police custody which does not have any evidentiary

Patna High Court CR. MISC. No.14491 of 2024(2) dt.11-03-2024 2/2

value, when petitioner admittedly is a person with clean antecedent.

The learned APP for the State opposes the anticipatory 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.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Special Judge of Excise-01, Aurangabad in connection with Amba P.S. Case No.248 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J)

Prakash Narayan U T