Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21353 of 2023 Arising Out of PS. Case No.-519 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== CHHOTU KUMAR Son of Ram Uday Paswan Resident of village - Dumri, Ward No.- 6, P.S.- Muffasil (Singhaul O.P.), District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Opposite Party/s :

Mr. Madan 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 Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 44.28 liters of liquor from a Maruti Suzuki Car and one motorcycle was also seized.

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

Patna High Court CR. MISC. No.21353 of 2023(2) dt.15-05-2023 2/2 and thus would get implicated easily, it is further submitted that the petitioner had given his motorcycle to his friend and thus was completely unaware that he will misuse the same in the manner as alleged in the FIR when, admittedly, the petitioner is a person with clean antecedent.

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 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Muffasil P.S. Case No. 519 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T