Rishabh Gaurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62674 of 2022 Arising Out of PS. Case No.-190 Year-2022 Thana- GAIGHAT District- Muzaffarpur ====================================================== Rishabh Gaurav S/O Sri Rajesh Prasad R/O Village- Bishnpur Damodarpur @ Mahpur, P.S- Bochahan, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273, 414/34 of the Indian Penal Code and Sections 30(a), 36, 41(i) of the Bihar Prohibition & Excise Act.

There is recovery of 135 litres of Indian made foreign liquor from a vehicle. The petitioner is owner of the seized vehicle.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the

Patna High Court CR. MISC. No.62674 of 2022(2) dt.02-12-2022 2/3 spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has sold the vehicle to one Pawan Kumar before the date of occurrence. The sale letter is annexed as Annexure-2 to the petition. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The petitioner is directed to deposit a sum of Rs. 20,000/-(Rupees Twenty Thousands) in the District Legal Services Authority, Muzaffarpur.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 1, Muzaffarpur in connection with Gaighat P.S. Case No. 190 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.62674 of 2022(2) dt.02-12-2022 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 20,000/-(Rupees Twenty Thousands) in District Legal Services Authority, Muzaffarpur.

(Sunil Kumar Panwar, J) Shageer/- U T