Krishnadev Kumar @ Krishandev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58175 of 2022 Arising Out of PS. Case No.-80 Year-2022 Thana- BALIGAON District- Vaishali ====================================================== KRISHNADEV KUMAR @ KRISHANDEV KUMAR Son of Devendra Singh Resident of Village- Motipur, P.S.- Tajpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 30(a), 36 and 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

Allegation is of recovery of 2027.52 litres of liquor from a container, 234 litres of liquor from a Pajero Car and 27 litres of liquor from a motorcycle.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner came

Patna High Court CR. MISC. No.58175 of 2022(2) dt.09-11-2022 2/2 to be implicated as he is owner of the Pajero Car. It is next submitted that the car is a costly car and is registered in the name of the petitioner and no prudent man would use his own vehicle for committing a crime and thus creating evidence against himself. It is also submitted that the petitioner was completely unaware that the driver of the car would misuse the vehicle for such illegal purpose. 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 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 Baligaon P.S. Case No. 80 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T