Rangilal Bhagat @Rangilal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7550 of 2024 Arising Out of PS. Case No.-16 Year-2023 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== RANGILAL BHAGAT @ RANGILAL PRASAD SON OF JIYALAL BHAGAT R/O-BANKI TIKAM, P.S.-MADHUBAN, DISTT.-MOTIHARI (EAST CHAMPARAN) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sailendra Kumar Dwivedi For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Vishambharpur P.S. Case No.16/2023 registered for the offence punishable under Sections 467, 468, 120(B) and 34 of the I.P.C. & Sections 30(a), 41 of Bihar Prohibition and Excise Amendment Act, 2022.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 691.20 litres of liquor from a pick up van. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is the owner of

Patna High Court CR. MISC. No.7550 of 2024(2) dt.23-02-2024 2/2 the pick up van. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself. It is thus submitted that the petitioner was completely unaware that Raju, who had taken the vehicle would misuse his vehicle in the manner as alleged.

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

5. 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.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-IV-cum-Exclusive Special Excise Court No.II, Gopalganj in connection with Vishambharpur P.S. Case No.16/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T