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Patna High CourtCR. MISC./14161/2024disposed

Ravi Kumar v. The State Of Bihar

2024-03-07Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14161 of 2024 Arising Out of PS. Case No.-84 Year-2023 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Ravi Kumar S/O Ram Parash Singh R/O Village- Kutubpur Kothi, Thathan Buzurg,N.H 77, Ps.- Hajipur Sadar, Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Adv.

For the State :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2024 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 Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 17.280 liters of liquor from a Toto.

4. Learned counsel for the petitioner submits that petitioner was not apprehended 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 sized Toto, it is also submitted that no prudent person would use his own vehicle for committing an occurrence and thus create

Patna High Court CR. MISC. No.14161 of 2024(2) dt.07-03-2024 2/2 evidence against himself and hence would get implicated, it is further submitted the petitioner was completely unaware that Amit would misuse his vehicle in the manner as alleged, when petitioner admittedly is a person with clean antecedent.

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. 500/- (Rupees Five Hundred) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Industrial Area P.S. Case No. 84 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Arish/- U T