Ashwin Kumar @ Ashim Kumar @ Ashwin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38260 of 2022 Arising Out of PS. Case No.-138 Year-2020 Thana- GANGABRIDGE District- Vaishali ====================================================== ASHWIN KUMAR @ ASHIM KUMAR @ ASHWIN SINGH Son of Rameshwar prasad singh Resident of Village- Rahimapur, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-11-2022 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), 36 and 41(i) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 150.12 liters of liquor from a truck and 168.120 liter of liquor from a Swift car.

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 that petitioner came to be implicated as he is owner of

Patna High Court CR. MISC. No.38260 of 2022(2) dt.03-11-2022 2/2 the Swift Dezire car, it is also submitted that no prudent man would misuse his own vehicle for carrying an illegal activity and thus creating evidence against himself, it is further submitted that the alleged car was hired by Shashi Bhushan Singh and the said petitioner was completely unaware that the vehicle would be misused in the manner 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. 25,000/- (Rupees Twenty Five Thousand) each 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 Ganga Bridge P.S. Case No. 138 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T