Sachit Kumar @ Billa Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32057 of 2023 Arising Out of PS. Case No.-270 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== SACHIT KUMAR @ BILLA YADAV SON OF RAM LAKHAN YADAV @ LAKHENDRA YADAV @ LAKHINDRA YADAV RESIDENT OF VILLAGE MARANGA, WARD NO.08, PS- K.HAT, (MARANGA) DISTRICT PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2023 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 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

Allegation is of recovery of 739.650 litres of liquor out of which 45 litres of liquor was recovered from a car and rest was recovered from a maize field and Rahul Kumar was arrested at the spot.

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 being

Patna High Court CR. MISC. No.32057 of 2023(2) dt.24-05-2023 2/2 the owner of the vehicle came to be implicated. It is 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, when admittedly petitioner is a person with clean antecedent. It is also submitted that petitioner petitioner was completely unaware that Rahul Kumar 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 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 K. Hat (Maranga) P.S. Case No. 270 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T