Niwas Kumar @ Niwas Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62377 of 2022 Arising Out of PS. Case No.-285 Year-2021 Thana- MANIYARI District- Muzaffarpur ====================================================== NIWAS KUMAR @ NIWAS KUMAR SAHNI SON OF RAM BILASH SAHNI @ RAMVILASH SAHNI R/O VILLAGE- RATNAULI, P.S.- MANIYARI, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 180 liters liquor from a Bolero vehicle parked in front of the hut of Lalita Devi and 934.800 litres liquor from the hut of Lalita Devi.

Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and being owner

Patna High Court CR. MISC. No.62377 of 2022(2) dt.25-11-2022 2/2 of the alleged vehicle, he came to be implicated falsely in the present case, it is also submitted that no prudent man would use his own vehicle for committing a crime and thus creating evidence against himself, further the petitioner was completely unaware that the driver of the vehicle would misuse the vehicle in the manner alleged.

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 Maniyari P.S. Case No. 285 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T