Patna High CourtCR. MISC./62373/2024bail granted

Satban Kumar v. The State Of Bihar

2024-09-02Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 62373 of 2024 Arising Out of PS. Case No.-173 Year-2024 Thana- BARARI District- Katihar ====================================================== Satban Kumar Son of Kartik Ray Resident of Village - Azampur Shankarganj (Sukhasan Milik), P.S.- Barari (Semapur), District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kunwar Ajit Singh For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 15 liters of liquor from a motorcycle.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from the conscious possession and he came to be implicated based on the fact that he is the onwer of the seized motorcycle. It is also submitted that petitioner was completely unaware that his friend would misuse the vehicle in the manner as alleged.

Patna High Court CR. MISC. No. 62373 of 2024(2) dt.02-09-2024 2/2

5. The learned APP for the State opposes the anticipatory bail application.

6. 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.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Court No. 1, Katihar in connection with Barari (Semapur) P.S. Case No. 173 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Sudhanshu/- U T