Harsh Bhardwaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10333 of 2024 Arising Out of PS. Case No.-268 Year-2021 Thana- MADANPUR District- Aurangabad ====================================================== Harsh Bhardwaj S/O YOGENDRA SINGH VILLAGE- BARA, P.O- BARA , PS.- NABI NAGAR, DIST. AURANGABAD.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeet Kumar Singh For the Opposite Party/s :

Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-02-2024

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

2. The petitioner apprehends his arrest in connection with Madanpur P.S. Case No.268/2021 registered for the offence punishable under Section 30(a) and 33 of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 70 litres of spirit from a pick up van and a motorcycle. 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 owner of the motorcycle. It is next submitted that no prudent person would use his own vehicle for committing an

Patna High Court CR. MISC. No.10333 of 2024(2) dt.29-02-2024 2/2 occurrence and thus would create evidence against himself and hence would get implicated. It is next submitted that the petitioner was completely unaware that his friend Upendra would misuse his vehicle in the manner as alleged, who was also apprehended from the spot.

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 Excise Special Judge-cum-Excise Court No.1, Aurangabad, in connection with Madanpur P.S. Case No.268/2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T