Patna High CourtCR. MISC./6272/2024bail granted

Wakil Rai v. The State Of Bihar

2024-02-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6272 of 2024 Arising Out of PS. Case No.-497 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== Wakil Rai S/o Dharmnath Ray R/o - Jalalpur kala ward no-11, P.S. - Sindhwaliya, Dist. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Adarsh Ranjan For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2024

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

2. The petitioner apprehends his arrest in connection with Kateya P.S. Case No.497/2023 dated 24.11.2023, registered for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and an allegation is of recovery of 129.600 litres of liquor from a car. It is next submitted that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is further submitted that petitioner being the owner of the vehicle came to be implicated in a mechanical manner when Sunil Paswan was apprehended from the place of occurrence. It is

Patna High Court CR. MISC. No.6272 of 2024(2) dt.16-02-2024 2/2 thus submitted that petitioner was completely unaware that his friend Sunil would misuse the 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 Special Excise Court No.1, Gopalganj in connection with Kateya P.S. Case No.497/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T