Kush Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46296 of 2022 Arising Out of PS. Case No.-65 Year-2020 Thana- SAHPUR District- Bhojpur ====================================================== KUSH KUMAR YADAV Son of Sharad Yadav Resident of Village - Shivpur, P.O.- Birpur, P.S.- Shahpur, Distt.- Bhojpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brijendra Kumar, Advocate For the Opposite Party/s :
Ms.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2022 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 80 liters liquor loaded on an auto. 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 petitioner is owner of the auto which was being used for commercial purpose and as such he was completely unaware that the driver would misuse the vehicle for such an
Patna High Court CR. MISC. No.46296 of 2022(2) dt.06-09-2022 2/2 illegal purpose.
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. 10,000/- (Rupees Ten 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 Shahpur P.S. Case No. 65 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T