Ravi Kumar Sah @ Ravi Kumar Seh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20951 of 2024 Arising Out of PS. Case No.-404 Year-2023 Thana- BAHADURGANJ District- Kishanganj ====================================================== Ravi Kumar Sah @ Ravi Kumar Seh S/o Ram Kumar Sah R/o vill - Laxmi Mandir Chowk, P.S. - K. Hat, Distt. - Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-03-2024
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 offences punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.
4. Allegation is of recovery of 91.875 litres of liquor from a pick-up vehicle.
5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized vehicle. It is further submitted that no prudent person would use his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.20951 of 2024(2) dt.28-03-2024 2/2 create evidence against himself and hence would get implicated. It is next submitted that petitioner was completely unaware that his friend Santosh Kumar would misuse the vehicle in the manner as alleged as he was also apprehended from the spot along with Arjun Kumar, when petitioner admittedly is a person with clean antecedent.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. 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 court below where the case is pending/successor court in connection with Bahadurganj P.S. Case No. 404 of 2023 giving rise to Special Case No. 553 of 2023, subject to the conditions as laid down under Section 438
(2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T