Sanjay Urawn v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22821 of 2023 Arising Out of PS. Case No.-79 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== SANJAY URAWN SON OF CHUNNI URAWN Resident of village - Hajirganj, P.S. - Sadar, Distt. - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== 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 has antecedent of two cases and allegation is of recovery of 63 liters of liquor from a motorcycle. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner, being the owner of the motorcycle, came to be implicated. It is next submitted that no prudent person would use his own motorcycle for committing a crime and thus would

Patna High Court CR. MISC. No.22821 of 2023(2) dt.15-05-2023 2/2 get implicated easily. It is next submitted that petitioner had given the motorcycle to his neighbour and thus was not aware that the motorcycle would be misused in the manner as alleged and he came to be implicated falsely by the police since he had antecedents.

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. 10,000/- (Rupees Ten 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 Sadar (Muffasil) P.S. Case No. 79 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T