Pawan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37209 of 2023 Arising Out of PS. Case No.-55 Year-2023 Thana- GAYA KOTWALI District- Gaya ====================================================== PAWAN SINGH Son of Late Bindeshwar Singh Resident of village - Bara, P.S. - Atari (Gehlor), Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Siyaram Pandey For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-06-2023 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 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 2.055 liters of liquor and 500 ml of beer from a scooty along with 35.385 liters of liquor and 42 liters of beer from a 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 the petitioner being owner of the alleged car

Patna High Court CR. MISC. No.37209 of 2023(2) dt.23-06-2023 2/2 came to be implicated, it is next submitted no prudent person would use his own vehicle for committing a crime and thus would create an evidence against himself and hence would get implicated easily, it is next submitted that petitioner was completely unaware that Gulshan would misuse the vehicle in the manner as alleged who was also apprehended from the place of occurrence.

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 with Kotwali P.S. Case No. 55 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T