Kamaljeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27286 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== KAMALJEET SINGH Son of Mahabir Singh Resident of mohalla - B/133, Kankarbagh Housing Colony, P.S. - Kankarbagh, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Siddharth Harsh, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2023 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amendment). Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 183 litres of liquor from a mini truck and an auto.

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 further submitted that petitioner came to be implicated as the mini truck is registered in his name. It is next submitted that petitioner is a businessman and people hire his truck for business purposes

Patna High Court CR. MISC. No.27286 of 2023(2) dt.17-05-2023 2/2 and, as such, he was completely unaware that the hirer would misuse the vehicle in the manner as alleged in the FIR. Learned counsel, at the cost of repetition, submits that the petitioner is a person with clean antecedent and no prudent businessman would use his own vehicle for committing a crime and, thus, would create evidence against himself and, hence, would get implicated.

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 Waris Nagar P.S. Case No. 23 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T