Santosh Kumar @ Pappu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39725 of 2023 Arising Out of PS. Case No.-264 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== SANTOSH KUMAR @ PAPPU KUMAR YADAV Son of Ramdhayan Yadav Resident of village - Gajadhar Bigha, P.S. - Aurangabad (Muffasil), Distt. - Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-06-2023 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 has antecedent of one case and allegation is of recovery of 8.28 liters of liquor from a motorcycle Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated being owner of the motorcycle. It is further submitted that no prudent person would use his own vehicle for

Patna High Court CR. MISC. No.39725 of 2023(2) dt.27-06-2023 2/2 committing a crime and thus would create evidence against himself and hence would get implicated easily, it is next submitted that petitioner was completely unaware that Rahul would misuse the vehicle in the manner as alleged as he was also apprehended from the spot.

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. 5,000/- (Rupees Five 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 Excise P.S. Case No. 264 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T