Dharmendra Kumar Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42170 of 2023 Arising Out of PS. Case No.-171 Year-2021 Thana- BALIYA District- Begusarai ====================================================== DHARMENDRA KUMAR SAW S/o- DILIP SAW Resident of House No. 65, Mohalla - West Koiribandh Jharia PS-Jharia, Dist- Dhanbad, Jharkhand 828111 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gaurav Prakash, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-07-2023 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 560.52 litres of liquor from a car.
Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner came to be implicated being the owner of the vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.42170 of 2023(2) dt.06-07-2023 2/2 his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted that petitioner was completely unaware that the driver would misuse the vehicle in the manner as alleged in the FIR who was apprehended at 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 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 Ballia P.S. Case No. 171 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T