Nand Kumar Singh @ Nandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32496 of 2022 Arising Out of PS. Case No.-15 Year-2022 Thana- NTPC KHAIRA District- Aurangabad ====================================================== NAND KUMAR SINGH @ NANDAN KUMAR SINGH S/o Late Dasharath Singh R/o Village- Amrtha, Post- Gachhain, P.S.- Karakat (Gorari), DistRohtas. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Pooja Kumari, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. 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 546 litre of liquor from a Scorpio vehicle and 384 litre of liquor from a Triber Car.

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 being the owner of the Triber Car, it is next

Patna High Court CR. MISC. No.32496 of 2022(3) dt.30-09-2022 2/2 submitted that no prudent man would carry out illegal activity by his own vehicle and thus creates evidence against himself, it is also submitted that the driver of the car, without the knowledge of the petitioner, misused the vehicle. 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 NTPC P.S. Case No. 15 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T