Subash Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57925 of 2022 Arising Out of PS. Case No.-276 Year-2020 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Subash Chaudhary, Son Of Late Rambrichh Chaudhary Resident Of VillageBasopati, Police Station- Siwan Muffasil, District- Siwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-11-2022 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 Sections 272 and 273 of the I.P.C. and Section 30(A) 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 36.400 litres of liquor from a motorcycle. 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 he came to be implicated merely on the ground that the alleged motorcycle belongs to him. It is next submitted that petitioner was completely unaware that his neighbour would

Patna High Court CR. MISC. No.57925 of 2022(2) dt.09-11-2022 2/2 misuse the vehicle for such illegal purpose. It is also submitted that no prudent man would use his own vehicle for committing an occurrence 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 Siwan Muffasil (Dhanauti O.P.) P. S. Case No.276 of 2020, 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