Patna High CourtCR. MISC./83653/2024bail granted

Sarvan Kumar v. The State Of Bihar

2024-12-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83653 of 2024 Arising Out of PS. Case No.-460 Year-2024 Thana- BARUN District- Aurangabad ====================================================== Sarvan Kumar Son of Manoj Chaudhary Resident of Village- Bardi Khurd, Rampur, P.S -Barun, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Singh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-12-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for grant of anticipatory bail apprehending his arrest in connection with Barun P.S.Case no.460 of 2024 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on a search being conducted while the driver of the motorcycle managed to escape, 10 litres of liquor was recovered from the said vehicle.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Neither the petitioner was arrested at the spot nor any incriminating article recovered from his possession or from his vehicle. The cause of his false implication is that he happens to be

Patna High Court CR. MISC. No.83653 of 2024(2) dt.16-12-2024 2/2 the registered owner of the vehicle in question. He has no criminal antecedent and undertakes to cooperate in the investigation/trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R. specially the petitioner not having any criminal antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Barun P.S.Case no.460 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise I, Aurangabad.

(Partha Sarthy, J) Bibhash/- U T