Ravi Kumar @ Ravi Kumar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21389 of 2023 Arising Out of PS. Case No.-15 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== RAVI KUMAR @ RAVI KUMAR KUSHWAHA Son of Satendra Singh R/o village - Akodhi, P.S.- Mohania, District - Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 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 414 of the Indian Penal Code read with 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 3.42 litres of liquor from a motorcycle and 10.080 litres of liquor from the house of one Raj Kumar. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated as he is owner of the motorcycle, but then no prudent

Patna High Court CR. MISC. No.21389 of 2023(2) dt.15-05-2023 2/2 person would use his own vehicle for committing a crime and thus would get himself implicated when admittedly petitioner is a person with clean antecedent. It is next submitted that the petitioner had given his motorcycle to one Pappu Kumar and thus was not aware that he would misuse his vehicle in the manner as alleged in the FIR.

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. 1,000/- (Rupees One 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 Mohania P.S. Case No. 15 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T