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Patna High CourtCR. MISC./65004/2022allowed

Lalit Yadav v. The State Of Bihar

2022-12-02Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65004 of 2022 Arising Out of PS. Case No.-242 Year-2022 Thana- BAISI District- Purnia ====================================================== LALIT YADAV Son of Manager Yadav R/v- Dhakjari, P.S.- Arer, DistrictMadhubani ( Wrongly mention Anrer ) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-12-2022 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 Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 41 and 47 of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 43.200 litres of liquor from an auto. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated because he is owner of the alleged auto, it is next submitted that no prudent man would

Patna High Court CR. MISC. No.65004 of 2022(2) dt.02-12-2022 2/2 use his own vehicle for committing an offence and thus create evidence against himself, it is also submitted that petitioner was completely unaware that the driver would misuse the auto for such illegal purpose.

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 trial court 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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Baisi P.S. Case No. 242 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T