Patna High CourtCR. MISC./7756/2024bail granted

Bittu Kumar v. The State Of Bihar

2024-02-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7756 of 2024 Arising Out of PS. Case No.-156 Year-2023 Thana- AIRPORT District- Patna ====================================================== Bittu Kumar, son of Lallu Ram R/O-Jaitiya Sahadat Nagar, P.S- Dhanruwa Distt.-Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

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

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 is a person with clean antecedent and the allegation is of recovery of 14 litres of liquor from an auto.

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 and he came to be implicated based on the fact that he is owner of the auto. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus, would create

Patna High Court CR. MISC. No.7756 of 2024(2) dt.23-02-2024 2/2 evidence against himself and hence, would get implicated. It is further submitted that petitioner was completely unaware that the driver of the auto would misuse the vehicle in the manner as alleged, he also fled from the place of occurrence.

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

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 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 Excise, Court No.1, Patna in connection with Hawai Adda P. S. Case No.156 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