Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25435 of 2023 Arising Out of PS. Case No.-673 Year-2022 Thana- DIGHA District- Patna ====================================================== Brajesh Kumar Son Of Rajendra Prasad Singh @ Rajendra Prasad Resident Of Village Mohalla Vikash Nagar, Kurji, Kothia Road No. 12, PS- Digha, Distt - Patna Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Upendra Kumar, 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 Sections 30(a) and 37 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 150 ml of liquor from a vehicle and one Ranjeet was arrested.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and being owner of the vehicle, the petitioner came to be implicated in the

Patna High Court CR. MISC. No.25435 of 2023(2) dt.22-05-2023 2/2 present case. It is further submitted that no prudent person would use his own vehicle for committing an occurrence and thus would get implicated by creating evidence against himself, further the petitioner was completely unaware that his friend Ranjeet would misuse the vehicle in the manner as alleged. 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 Court below 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 court below where the case is pending/successor court in connection with Digha P.S. Case No. 673 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T