Narad Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35792 of 2023 Arising Out of PS. Case No.-214 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== NARAD RAUT Son of Sonfi Raut Resident of Village- Mathiya Bhopat, PsLakhaura, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shambhu Narayan Singh, Advocate For the Opposite Party/s :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Learned counsel for the petitioner, at the outset, seeks permission to rectify the pleadings made in Para-9 of the anticipatory bail application.
Permission is accorded.
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 51 liters of liquor from a motorcycle.
Patna High Court CR. MISC. No.35792 of 2023(2) dt.22-06-2023 2/3 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 he came to be implicated being owner of the motorcycle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is further submitted that 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 each to the satisfaction of the learned trial court where the case is pending/successor court in connection
Patna High Court CR. MISC. No.35792 of 2023(2) dt.22-06-2023 3/3 with Excise P.S. Case No. 214 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T