Patna High CourtCR. MISC./21611/2023bail granted

Suraj Rajwanshi v. The State Of Bihar

2023-05-15Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21611 of 2023 Arising Out of PS. Case No.-400 Year-2022 Thana- NARHATT District- Nawada ====================================================== SURAJ RAJWANSHI SON OF LATE SUVASH RAJWANSHI R/O VILLAGE- KUTNI BIGHA, P.S.- NARHAT, DISTRICT- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Gauri Shankar Gupta, A.P.P.

====================================================== 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 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 22 liters of liquor from a sack tied on motorcycle as detailed in the FIR.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner is neither the owner nor the driver of the alleged vehicle and came to be implicated at the instance of

Patna High Court CR. MISC. No.21611 of 2023(2) dt.15-05-2023 2/2 someone interested in saving the real culprit as from perusal of the FIR it is not clear that how petitioner came to be implicated. 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 trial court 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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Narhat P.S. Case No. 400 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T