Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25829 of 2023 Arising Out of PS. Case No.-935 Year-2022 Thana- MANER District- Patna ====================================================== PINTU KUMAR Son of Anshu Ray R/o Village - Rambad, P.S.- Maner, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Jha For the Opposite Party/s :

Mr. Anita Kumari ====================================================== 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), 32(iii) and 30(c) 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 250 liters of liquor from two motorcycles. 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 the petitioner is the owner of one of the seized vehicle, it is thus submitted that no prudent person would use his own vehicle for committing a crime and thus would create

Patna High Court CR. MISC. No.25829 of 2023(2) dt.22-05-2023 2/2 an evidence against himself and hence would get implicated easily, when admittedly petitioner is a person with clean antecedent, it is further submitted that one Bhikhari Rai had taken the motorcycle of the petitioner, as such, the petitioner was completely unaware that Bhikhari Rai 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 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 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Maner P.S. Case No. 935 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T