Narendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21627 of 2023 Arising Out of PS. Case No.-10 Year-2023 Thana- KALUAHI District- Madhubani ====================================================== NARENDRA KUMAR SON OF SURYA NARAYAN SAHU R/O VILLAGE- NANDNAGAR, CHAKDAH, P.S.- RAJNAGAR, DISTRICTMADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Ms. Indu Kumari Srivastava, 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 and Sections 272 and 273 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 225 liters of liquor from a car 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 being owner of the vehicle came to be
Patna High Court CR. MISC. No.21627 of 2023(2) dt.15-05-2023 2/2 implicated, it is further submitted that no prudent person would misuse his own vehicle for committing a crime and thus would get implicated easily, it is further submitted that petitioner had given the vehicle to the Garage owner Irfan for repair and it appears that the vehicle was misused in the manner as alleged. 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. 1,000/- (Rupees One 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 Kaluahi P.S. Case No. 10 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) GauravSinha/- U T