Ramesh Chandra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25524 of 2023 Arising Out of PS. Case No.-204 Year-2022 Thana- BALRAMPUR District- Katihar ====================================================== RAMESH CHANDRA SAH SON OF FURNISH CHANDRA SAH RESIDENT OF VILLAGE- BARSOI BAZAR, PO AND PS- BARSOI, DISTT- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Bihari Singh, 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 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 8.685 liters of liquor from a motorcycle and 30 liters of liquor from another motorcycle.

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 he came to be implicated as he is owner of one of the seized motorcycle, it is

Patna High Court CR. MISC. No.25524 of 2023(2) dt.22-05-2023 2/2 next submitted that no prudent person would use his own vehicle for committing a crime and thus would create evidence against himself and hence would get implicated. It is further submitted that petitioner was completely unaware that his son would misuse the vehicle in the manner as alleged in the FIR as he was arrested when the said seizure 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 Balrampur P.S. Case No. 204 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T