Patna High CourtCR. MISC./44649/2023bail granted

Raja Kumar v. The State Of Bihar

2023-07-17Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44649 of 2023 Arising Out of PS. Case No.-197 Year-2022 Thana- SAHARSA SADAR District- Saharsa ====================================================== Raja Kumar, Son Of Manoj Kumar @ Manoj Choudhary Resident Of VillageBengha, Ward No. 04, Ps-Sadar, Distt- Saharsa ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Satish Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 41 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 35 litres of liquor from a motorcycle.

4. The 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 next submitted that he came to be implicated on the ground that he is owner of the seized vehicle. It is next submitted that no prudent person would use his own vehicle for committing a crime and thus,

Patna High Court CR. MISC. No.44649 of 2023(2) dt.17-07-2023 2/2 would create evidence against himself and hence, would get implicated. It is further submitted that petitioner was completely unaware that Kundan Kumar Chaudhari would misuse the vehicle in the manner as alleged as he was also arrested from the spot.

5. Learned A.P.P. opposes the bail application.

6. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (Excise), Saharsa in connection with Saharsa Sadar P. S. Case No.197 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T