Shyam Nandan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47848 of 2022 Arising Out of PS. Case No.-264 Year-2019 Thana- KAUWAKOL District- Nawada ====================================================== SHYAM NANDAN PRASAD SON OF LATE KAILASH PRASAD SINHA R/O VILLAGE/MOHALLA- BARI GULANI, P.S.- PAKARIBARAWAN, DISTRICT- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Deo Raj, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. 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 1 litre of liquor from TVS motorcycle and 1 litre of liquor from another motorcycle.

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 came to be implicated as he is owner of

Patna High Court CR. MISC. No.47848 of 2022(2) dt.04-11-2022 2/2 the TVS motorcycle, it is also submitted that petitioner had parked the motorcycle and had gone to buy some goods when it appears that someone kept the liquor on his motorcycle as no prudent man would use his own vehicle for committing an illegality and thus creates evidence against himself. 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 trial court 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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kauwakol P.S. Case No. 264 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T