Nakul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19370 of 2024 Arising Out of PS. Case No.-194 Year-2020 Thana- ARARIA District- Araria ====================================================== NAKUL KUMAR S/o of Ayodhya Mandal Resident of Village-Chhoti Chataiya Mathurapur, P.S.-Ekchari (Mathurapur), District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-04-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a) and 38 of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 1479.120 litres of liquor from a pick up van. 4.

Learned counsel for the petitioner submits that petitioner was not apprehended 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 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.19370 of 2024(3) dt.20-04-2024 2/2 evidence against himself and hence would get implicated, it is further submitted that petitioner was completely unaware that the driver of the vehicle would misuse the vehicle in the manner as alleged . It is next submitted that petitioner is in judicial custody since 5-2-2024, when petitioner admittedly is a person with clean antecedent.

5.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

6.

Considering the submission made by learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond 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 Araria P.S. Case No. 194 of 2020.

(Satyavrat Verma, J) SUMIT/- U T