Aditya Abhinav @ Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68401 of 2024 Arising Out of PS. Case No.-180 Year-2024 Thana- PATEPUR District- Vaishali ====================================================== Aditya Abhinav @ Aditya Kumar Son of Ram Kishun Ray Resident of Village- Bardiha Turki, PS- Patepur, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Kumar Sinha For the Opposite Party/s :

Dr. Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a), 32(ii) and 41(i) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of six cases and allegation is of recovery of 774 liters of liquor from two vehicles.

4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of one of the seized vehicles. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and

Patna High Court CR. MISC. No.68401 of 2024(2) dt.20-09-2024 2/2 thus would create evidence against himself and hence would get implicated, it is also submitted that petitioner was completely unaware that his driver would misuse the vehicle in the manner as alleged. It is also submitted that petitioner is in custody since 05.09.2024.

5. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, be released on regular bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Patepur P.S. Case No. 180 of 2024.

(Satyavrat Verma, J) Rishabh/- U T