Umesh Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33195 of 2023 Arising Out of PS. Case No.-73 Year-2023 Thana- GUTHANI District- Siwan ====================================================== UMESH KUMAR TIWARI SON OF LATE MOHINI GOPAL TIWARI RESIDENT OF VILLAGE- KASHI BAZAR, PS- BHAGWANPUR BAZAR, DISTT- SARANAT CHAPRA B ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2023 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 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 86.400 liters of liquor from a Maruti Car, 60.480 liters of liquor from a Scorpio and 8.640 liters of liquor from a motorcycle.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner is a retired government servant and came to be

Patna High Court CR. MISC. No.33195 of 2023(2) dt.25-05-2023 2/2 implicated being owner of the Maruti car. It is next submitted that no prudent person would use his own vehicle for committing a crime and thus would create an evidence against himself and hence would get implicated easily. It is further submitted that his son had taken the car and had gone to U.P and while returning the present allegation came to be 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 Guthani P.S. Case No. 73 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T