Chunmun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25560 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== CHUNMUN KUMAR SON OF RAGHO PRASAD R/O VILLAGEKOLODIHARI @ KAUL DEHRI, P.S.- CHAURI, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 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 414 of IPC and Section 30(a)/47 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 115.65 liters of liquor from a Tata Magic vehicle. 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 owner of the vehicle. It is further submitted that no prudent person would use his own vehicle for committing an offence that would create

Patna High Court CR. MISC. No.25560 of 2023(2) dt.22-05-2023 2/2 evidence against himself and thus would get implicated when petitioner is a person with clean antecedent, it is next submitted that petitioner was completely unaware that one Rakesh Kumar would misuse his vehicle in the manner as alleged, as he was also arrested when the alleged siezure was made. 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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mohania P.S. Case No. 84 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T