MANJEET KUMAR v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA Mr. Mrityunjay Kumar, Advocate Mr. Nagendra Prasad, A.P.P. ORAL ORDER 2 20-07-2023

#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 Excise Act.

#3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 345.600 liters of liquor from four seized vehicles as detailed in the FIR.

#4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of Guddu Kumar and Amlesh Kumar in police custody which does not have any Patna High Court CR. MISC. No.45858 of 2023(2) dt.20-07-2023 evidentiary value, it is further submitted that petitioner is not the owner of any of the seized vehicles.

#5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

#6. 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 Sarai P.S. Case No. 83 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. GauravSinha/- U T (Satyavrat Verma, J)