Umesh Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21057 of 2023 Arising Out of PS. Case No.-1129 Year-2022 Thana- KANKARBAG District- Patna ====================================================== Umesh Saw, Son Of Naresh Saw R/Muhala- Ajaypur Kathanpura P.SAjaypur Dist- Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s :

Ms. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 55.8 litre of liquor from an auto. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner had given his auto to Jitendra Prasad, who was apprehended along with the liquor and petitioner, being owner of the auto, came to be implicated. It is further submitted that no

Patna High Court CR. MISC. No.21057 of 2023(2) dt.15-05-2023 2/2 prudent person would use his own vehicle for committing a crime and thus, would get implicated easily.

Learned A.P.P. opposes the bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cumSpecial Judge Excise Act, Patna Sadar, Patna in connection with Kankarbagh P. S. Case No.1129 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T