Baban Thakur @ Baban Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17049 of 2023 Arising Out of PS. Case No.-583 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== BABAN THAKUR @ BABAN KUMAR Son of Rajendra Thakur R/o Mohalla- Mungeriganj, Power House Road, P.S.- Town, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 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 Sections 30(a) and 32(ii) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

Allegation is of recovery of 60 litres of liquor from a motorcycle.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner is the owner of the motorcycle. It is next submitted that no prudent person would use his own vehicle for committing a crime and thus would create evidence against

Patna High Court CR. MISC. No.17049 of 2023(3) dt.22-05-2023 2/2 himself and hence would get implicated. It is also submitted that petitioner had given his motorcycle to his friend and, as such, was not aware that the vehicle would be misused in the manner as alleged.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Lakhisarai P.S. Case No. 583 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T