Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55087 of 2022 Arising Out of PS. Case No.-120 Year-2022 Thana- AMBA District- Aurangabad ====================================================== Rahul Kumar, Son Of Krishna Bihari Upadhyay Resident Of MohallaKrishna Nagar, P.S- Hatiya, Dist- Ranchi, Jharkhand ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ratneshwar Prasad For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-10-2022 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), 37 of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 2.250 litres of liquor from a Datson Car. The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that the petitioner came to be implicated as he is owner of the alleged vehicle. It is next submitted that petitioner was completely unaware that the driver of the vehicle would misuses

Patna High Court CR. MISC. No.55087 of 2022(2) dt.19-10-2022 2/2 the vehicle for such illegal purpose as no prudent man would indulge in any illegal activity using his vehicle and thus, creating evidence 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 Amba P. S. Case No.120 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