Sanjeev Kumar Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78441 of 2023 Arising Out of PS. Case No.-105 Year-2023 Thana- HATHAURI District- Samastipur ====================================================== Sanjeev Kumar Kunwar S/O Ashok Kumar Kunwar Resident Of VillageGanga Tol, Darshur, P.S.-Warisnagar, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Kumar Singh For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the allegation is of recovery of 180 m.l. of liquor from an Alto Car. It is next submitted that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated since he is owner of the car. It is further submitted that petitioner was completely unaware that Chandan Kumar his driver along with his friends would misuse the vehicle in the manner as alleged and they were also

Patna High Court CR. MISC. No.78441 of 2023(3) dt.20-02-2024 2/2 apprehended from the spot. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself, when petitioner admittedly is a person with clean antecedent.

4. Learned A.P.P. opposes the bail application.

5. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,00/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Court- I, Samastipur in connection with Hathauri P.S. Case No. 105 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The application stands allowed.

(Satyavrat Verma, J) vinita/- U T