Mudit Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15584 of 2023 Arising Out of PS. Case No.-440 Year-2021 Thana- MAIRWAN District- Siwan ====================================================== MUDIT RAI Son of Arun Rai @ Aru Kumar Rai Resident of - 23/445, Saket Nagar, P.S.- Deoria Town, District - Deoria (U.P.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 119.340 liters of liquor from a Bolero vehicle. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that the petitioner came to be implicated merely because he is the owner of the Bolero vehicle, it is next submitted that no prudent man in his car would have committed

Patna High Court CR. MISC. No.15584 of 2023(2) dt.03-05-2023 2/2 an act leading to seizure of the vehicle, it is further submitted that the petitioner had given the vehicle to his friend and thus was not aware that the vehicle would be used for such illegal purpose when admittedly petitioner is a person with clean antecedent.

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

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 Mirwa with P.S. Case No. 440 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T