Binod Kumar @ Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19865 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Binod Kumar @ Vinod Kumar Son of Ved Pal Resident of Village-Milakpur Goojar, P.S.-Bhiwadi, District-Alwar, Rajasthan. ... ... Petitioner

Versus

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

For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2024 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), 32(1), 32(3) and 37 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 375 ml liquor from a car.

4.

Learned counsel for the petitioner submits that the 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 the 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.19865 of 2024(2) dt.22-03-2024 2/2 get implicated by creating evidence against himself. It is also submitted that petitioner was completely unaware that his driver Naveen along with Guddu would misuse the vehicle in the manner as alleged as they were arrested from the spot. 5.

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

6.

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. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Excise Case No. 01 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T