Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33403 of 2023 Arising Out of PS. Case No.-140 Year-2022 Thana- MANIYARI District- Muzaffarpur ====================================================== ASHISH KUMAR S/O ANIL SAH R/O Village- Jamharua, P.S- Maniyari, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nitya Nand Tiwary, 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 36 liters of liquor from a motorcycle and 9 liters of liquor from another motorcycle and 12 liters of liquor found near a middle school.

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 petitioner came to be implicated being owner of one of the motorcycle, it is next submitted no prudent person would

Patna High Court CR. MISC. No.33403 of 2023(2) dt.25-05-2023 2/2 use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is next submitted petitioner was completely unaware that his neighbour would misuse the vehicle in the manner as alleged, when admittedly petitioner is a person with clean antecedent.

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 Maniyari P.S. Case No. 140 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T