Rajiv Kamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30035 of 2023 Arising Out of PS. Case No.-411 Year-2022 Thana- KOCHAS District- Rohtas ====================================================== RAJIV KAMAL Son of Mahendra Prasad Resident of village - Khetalpur, P.S.- Sanjhouli, Dist.- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mohammed Arif, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-05-2023 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 Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 4.14 liters of liquor from a Tata Magic vehicle. 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 has already sold the vehicle in the year 2017 to one Bajrangi Sah, it is further submitted that no prudent person would misuse his own vehicle for committing a

Patna High Court CR. MISC. No.30035 of 2023(2) dt.18-05-2023 2/2 crime and thus would create evidence against himself and came to be implicated which amply demonstrates that petitioner was not in possession of the vehicle as he has already sold the same. 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 Kochas P.S. Case No. 411 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T