Surendra Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57908 of 2022 Arising Out of PS. Case No.-188 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Supaul ====================================================== Surendra Kumar Sah, Son Of Yogendra Sah @ Jogendra Sah Resident Of Village - Piprakhurd, Ward No.- 3, P.S.- Supaul, District - Supaul. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Uma Shankar Prasad 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 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 105 litres of liquor from an auto. The 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 also submitted that petitioner came to be implicated because he is owner of the auto. It is next submitted that no prudent man would use his

Patna High Court CR. MISC. No.57908 of 2022(2) dt.09-11-2022 2/2 own vehicle for committing a crime and thus, create evidence against himself. It is further submitted that petitioner was completely unaware that the driver of the auto was misused the vehicle.

Learned A.P.P. opposes the 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, 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 the learned Court below where the case is pending in connection with Excise Prohibition Supaul Case No.188 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