Patna High CourtCR. MISC./72252/2023bail granted

Raj Kumar Rai v. The State Of Bihar

2024-02-19Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72252 of 2023 Arising Out of PS. Case No.-611 Year-2022 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== RAJ KUMAR RAI son of Bishwanath Rai HOUSE NO- 32 KH NO 87/1 GROUND FLOOR BARWALA NORTH, P.S.- SAHBADDERI,WEST DELHI- 110039 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar For the Opposite Party/s :

Ms. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-02-2024

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

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420 and 34 of the IPC and Sections 30(a) and 41(i) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 345 liters of liquor from a Magic van.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is next submitted that petitioner being the owner of the vehicle came to be implicated in a mechanical manner when the driver of the

Patna High Court CR. MISC. No.72252 of 2023(3) dt.19-02-2024 2/2 vehicle, Samir Kumar, was arrested from the spot, as such, petitioner was completely unaware that that the driver of the vehicle would misuse the vehicle in the manner as alleged.

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

6. 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. 500/- (Rupees Five Hundred) 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 Mohania P.S. Case No. 611 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T