Adhiraj Kumar @ Adhiraj @ Abhiraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54406 of 2022 Arising Out of PS. Case No.-311 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== Adhiraj Kumar @ Adhiraj @ Abhiraj Kumar, Son Of Bipin Kumar Thakur Resident Of House No. 25, Hanumant Nagar, Near Raj Narayan Singh College, Balughat, P.S- Balughat, Dist- Muzaffarpur ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Tiwary For the Opposite Party/s :
Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-10-2022 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 22.5 litres of liquor from a Bolero pick-up van. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is next submitted that he was not present at the place of occurrence, as such, nothing was recovered from his conscious possession. It is also submitted that petitioner being
Patna High Court CR. MISC. No.54406 of 2022(2) dt.18-10-2022 2/2 owner of the vehicle came to be implicated. It is next submitted that no prudent man would use his own vehicle for committing an illegal act and thus, create evidence against himself. The learned Additional Public Prosecutor opposes the anticipatory 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 from today, 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 learned Court below where the case is pending in connection with Kudhani (Phakuli O.P.) P. S. Case No.311 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