Dharmendra Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30913 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- UPHARA District- Aurangabad ====================================================== Dharmendra Vishwakarma Son Of Rajendra Vishwakarma @ Rajendra Mistree Resident Of Village - Hamidnagar, P.S.- Uphara, District - Aurangabad.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kamlendra Pd. Singh For the Opposite Party/s :

Ms.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 02 litre of liquor from a motorcycle and Surendra Vishwakarma and Bindu Yadav were arrested.

The learned counsel for the petitioner submits that petitioner was not arrested 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

Patna High Court CR. MISC. No.30913 of 2023(2) dt.19-05-2023 2/2 vehicle. It is next submitted that no prudent person would use is own vehicle for committing a crime and thus, would create evidence against himself and hence, would get implicated. It is next submitted that petitioner was completely unaware that Surendra Vishwakarma would misuse his vehicle in the manner as alleged.

Learned A.P.P. opposes the bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-IInd, Aurangabad in connection with Uphara P. S. Case No.14 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T