Patna High CourtCR. MISC./47935/2022bail granted

Sumit Kumar Jha v. The State Of Bihar

2022-09-13Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47935 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Darbhanga ====================================================== SUMIT KUMAR JHA Son of Lalan Jha R/V- Ganoun, P.s- Ghanshyampur, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-09-2022 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 103.680 litres liquor from a car. 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 the petitioner had lent his car to his friend and as such was completely unaware that the vehicle would be misused

Patna High Court CR. MISC. No.47935 of 2022(2) dt.13-09-2022 2/2 for such an illegal purpose. It is further submitted that no prudent man would use his own vehicle for committing such an illegality which is such a big crime in the State of Bihar. 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 Excise Case No. 66 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T