Dilip Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79226 of 2023 Arising Out of PS. Case No.-201 Year-2022 Thana- KALUAHI District- Madhubani ====================================================== DILIP DAS S/O LAXMAN DAS VILLAGE- KALUAHI, PS. KALUAHI, DIST. MADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar Sah For the Opposite Party/s :
Mrs. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Kaluahi P.S. Case No.201/2022 dated 25.10.2022, G.R. No.2062/2022 registered for the offence punishable under Sections 272, 273 of the I.P.C. & Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 87 litres of liquor from an auto. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and the petitioner being the owner of the auto came to be implicated. It is next submitted that no prudent person would use his own vehicle for
Patna High Court CR. MISC. No.79226 of 2023(3) dt.21-02-2024 2/2 committing an occurrence and thus would create evidence against himself. It is thus submitted that the petitioner was completely unaware that Jagarnath Mahto, who was apprehended from the spot would misuse the vehicle in the manner as alleged.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 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 Additional Sessions Judge-II-cumSpecial Judge Excise Act, Madhubani in connection with Kaluahi P.S. Case No.201/2022, G.R. No. 2062/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T