Barun Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58561 of 2022 Arising Out of PS. Case No.-37 Year-2022 Thana- RAJAON District- Banka ====================================================== BARUN KUMAR JHA S/o Shambhu Nath Jha R/V- Rahua, P.S.- Bihra, Distt- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Ms. Sucheta Yadav, 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 420 of the Indian Penal Code and Section 30(a) and 32(2) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 3072.6 litres of liquor from a truck.

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

Patna High Court CR. MISC. No.58561 of 2022(2) dt.09-11-2022 2/2 that petitioner is a businessman and he came to be implicated as he is owner of the truck. It is next submitted that no prudent businessman would use his own vehicle registered in his name creating evidence against himself. It is also submitted that petitioner was completely unaware that the driver of the vehicle would misuse the vehicle for such illegal activity. 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 Rajoun P.S. Case No. 37 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T