Deepu Kumar @ Dipu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21261 of 2023 Arising Out of PS. Case No.-681 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== DEEPU KUMAR @ DIPU KUMAR S/O CHANDRA MOHAN CHAUDHARY Resident of village- Damariya, Gardanibagh, P.S.- Anishabad Phulwari, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Chandra Bhaskar For the Opposite Party/s :

Mr. Nand Kumar ====================================================== 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 Sections 30(a) and 56(b) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 168.48 liters of liquor from a car and the accused persons fled away.

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 came to be implicated as he is the owner of the vehicle, it is further submitted that no prudent person would use his own vehicle for committing a crime and

Patna High Court CR. MISC. No.21261 of 2023(2) dt.15-05-2023 2/2 thus would get implicated, it is next submitted that the petitioner had given his car to a friend who fled when the police stopped, it is thus submitted that the petitioner was completely unaware that his friend would misuse the vehicle 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. 15,000/- (Rupees Fifteen Thousand) each 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 Gaya P.S. Case No. 681 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T