Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16129 of 2024 Arising Out of PS. Case No.-499 Year-2023 Thana- Excise P.S. District- Vaishali ====================================================== RAJESH KUMAR SON OF UMESH SAHNI RESIDENT OF MOHALLA - SAWAYAN, P.S. - SONEPUR, DISTRICT - SARAN (CHHAPRA) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 32(i), 32(iii), 41(i)(ii) of the Bihar Prohibition and Excise Act, 2018.

3. The learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 504 liters of liquor from a truck.

4. 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 in the instant case on the ground that the seized truck belong to the brother of the petitioner. It is further submitted that no prudent businessman would use his own vehicle for committing an occurrence and

Patna High Court CR. MISC. No.16129 of 2024(2) dt.13-03-2024 2/2 thus would create evidence against himself and hence would get implicated. It is also submitted that petitioner was completely unaware that his driver would misused the vehicle in the manner as alleged who was also apprehended from the spot.

5. The learned APP for the State opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-2cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Hajipur Excise P.S. Case No.499 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T