Naveen Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 22710 of 2024 Arising Out of PS. Case No.-1099 Year-2023 Thana- Excise P.S. District- Siwan ====================================================== NAVEEN KUMAR SHARMA SON OF RAM RATTAN SHARMA Resident of - B-23 (UGF), DDA Market, New Rajendra Nagar, VTC, Rajendra Nagar, P.O. - Rajendra Nagar, P.S. - Rajendra Nagar, Sub District - New Delhi, District - Central Delhi, Delhi - 110060 ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Kant For the Opposite Party/s :
Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-04-2024
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 offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 817.500 litres of liquor from a bus. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is a businessman and he came to be implicated based on the fact that he is owner of the seized bus. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No. 22710 of 2024(2) dt.01-04-2024 2/2 create evidence against himself and hence would get implicated. It is next submitted that the petitioner was completely unaware that his driver Rakesh along with Vikash and Ravindra would misuse the vehicle in the manner as alleged, when petitioner admittedly is a person with clean antecedent. It is also submitted that no prudent businessman would disrepute to his own business by indulging in such activity.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. 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 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 Siwan Excise P.S. Case No.1099/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T