Patna High CourtCR. MISC./10669/2024bail granted

Rishi Raj v. The State Of Bihar

2024-02-29Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10669 of 2024 Arising Out of PS. Case No.-271 Year-2023 Thana- DARBHANGA District- Darbhanga ====================================================== Rishi Raj S/o Ashok Kumar Prasad R/o vill - Kamtaul, P.S. - Kamtaul, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== 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 a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 6.840 liters of liquor from a scooty.

4. Learned counsel for the petitioner submits that the 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 the scooty. It is further submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create

Patna High Court CR. MISC. No.10669 of 2024(2) dt.29-02-2024 2/2 evidence against himself and hence would get implicated, it is next submitted that petitioner was completely unaware that his friend, Navin, would misuse the vehicle in the manner as alleged who was also apprehended from the spot.

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

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Town (Kotwali O.P.) P.S. Case No. 271 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T