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Patna High CourtCR. MISC./36785/2023bail granted

Vineet Kumar @ Vinnet Kumar v. The State Of Bihar

2023-06-22Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36785 of 2023 Arising Out of PS. Case No.-109 Year-2023 Thana- JAGDISHPUR District- Bhojpur ====================================================== VINEET KUMAR @ VINNET KUMAR Son of Late Manoj Singh Resident of village - Ranni, P.S. - Pawana, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, 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.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32(i) (ii) and 41(i) (ii) 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 1010.16 litres of liquor from different vehicles as detailed in the FIR and two motorcycles were also seized. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and being owner of the vehicle, he came to be implicated, it is further submitted that no prudent person would use his own vehicle for

Patna High Court CR. MISC. No.36785 of 2023(2) dt.22-06-2023 2/2 committing an occurrence and thus would get implicated by creating evidence against himself. It is next submitted that petitioner was completely unaware that Amit and Rahul, who had taken his vehicle, would misuse his vehicle in the manner as has been alleged, it is further submitted that Amit and Rahul were also arrested.

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 Jagdishpur P.S. Case No. 109 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T