Patna High CourtCR. MISC./54115/2023bail granted

Sarvat Ram @ Sawarath Ram v. The State Of Bihar

2023-08-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54115 of 2023 Arising Out of PS. Case No.-120 Year-2022 Thana- THALI District- Nawada ====================================================== Sarvat Ram @ Sawarath Ram Son Of Suraj Ram R/O Village Daybigha, Hansapur, P.S. Thali, District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Thali P.S. Case No. 120 of 2022 registered for the offences punishable under Sections 30(a) and 41 of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of nine litres of liquor from a motorcycle.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized motorcycle, it is further submitted that no prudent person would use his own vehicle for committing an occurrence and thus

Patna High Court CR. MISC. No.54115 of 2023(2) dt.23-08-2023 2/2 would get implicated by creating evidence against himself. It is next submitted that the petitioner was completely unaware that his neighbour would misuse the vehicle in the manner as alleged.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 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 Thali P.S. Case No. 120 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T