Patna High CourtCR. MISC./5642/2024bail granted

Vijadhar Rai v. The State Of Bihar

2024-02-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5642 of 2024 Arising Out of PS. Case No.-300 Year-2023 Thana- DAUDPUR District- Saran ====================================================== VIJADHAR RAI S/O SURENDRA RAI R/O VILLAGE- SANTHA, P.SAWATARNAGAR, DISTT.- SARAN AT CHAPRA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :

Ms. Asha Devi, A.P.P.

====================================================== 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 a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 268.575 litres of liquor from a truck.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner is a businessman and his truck is hired for the purposes of carrying goods. It is thus submitted that no prudent businessman would bring disrepute to his own business. It is

Patna High Court CR. MISC. No.5642 of 2024(2) dt.16-02-2024 2/2 next submitted that petitioner being owner of the truck came to be implicated in a mechanical manner when during the course of investigation no material transpired to connect the petitioner with the offence except the fact that he is owner of the truck.

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

7. 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.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Daudpur P.S. Case No. 300 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T