Surendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15844 of 2024 Arising Out of PS. Case No.-256 Year-2023 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Surendra Singh Son of Late Hari Narayan Singh R/o Village- Kalayanipur, P.S.- Chainpur, Bhabhua, District- Bhabhua, Kaimur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aquaib Khan For the Opposite Party/s :
Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2024
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 Sections 37 & 30(a) of Bihar Prohibition and Excise Act, 2018/2022.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 5 litres of liquor from a Bolero vehicle. 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 being owner of the seized vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create
Patna High Court CR. MISC. No.15844 of 2024(2) dt.13-03-2024 2/2 evidence against himself and hence would get implicated. It is next submitted that the petitioner was completely unaware that his driver would misuse his vehicle in the manner as alleged.
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 trial court where the case is pending/successor court in connection with Bhagwanpur P.S. Case No.256/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T