Sudhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42832 of 2023 Arising Out of PS. Case No.-406 Year-2022 Thana- NAVINAGAR District- Aurangabad ====================================================== Sudhanshu Kumar, Son Of Ramkewal Sharma Resident Of Village - Mahamadpur, P.S. - Kinjar, Distt. - Arwal ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar No.6 For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 14.940 litres of liquor from a motorcycle. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated merely because of the fact that he is owner of the seized vehicle. It is further submitted that no prudent person would use his own vehicle for committing a crime and thus,

Patna High Court CR. MISC. No.42832 of 2023(2) dt.11-07-2023 2/2 would create evidence against himself and hence, would get implicated. It is next submitted that petitioner was completely unaware that Nagendra Singh would misuse his vehicle in the manner as alleged as he was also arrested from the spot. Learned A.P.P. opposes the bail application.

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. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-1, Aurangabad in connection with Navinagar P. S. Case No.406 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T