Chandi Dutta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36736 of 2022 Arising Out of PS. Case No.-210 Year-2019 Thana- KATORIYA District- Banka ====================================================== Chandi Dutta, Son Of Haradhan Dutta Resident Of Village - Pabra, P.S. - Saltora, District - Bankura (West Bengal).

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Mr. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) and 56(D) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 234 litres of liquor from a pick-up van. The 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 came to be implicated on the ground that the vehicle from which the alleged recovery was made, belonged to the petitioner. It is also submitted that petitioner was completely

Patna High Court CR. MISC. No.36736 of 2022(3) dt.29-09-2022 2/2 unaware that the driver of the vehicle would misuse the vehicle for such illegal purpose as no prudent man would indulge in any illegal activity knowing that the vehicle is registered in his name and same would create evidence against him.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Katoriya P. S. Case No.210 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T