Arvind Kumar Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3913 of 2024 Arising Out of PS. Case No.-35 Year-2023 Thana- PHULWARIA District- Begusarai ====================================================== Arvind Kumar Sahu S/O - Dayanand Sahu R/o - Village- Leda, P.S- Muffasil, District Giridih, Jharkhand.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024

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 Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 585.240 liters of liquor from a Tata 407 vehicle and 1965 liters from an Aaganwadi center, as such the total recovery is 2550.254 liters of liquor.

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 is neither the owner of the vehicle nor he has any concerned with the Aaganwadi center. The learned counsel for the petitioner next submits that the name of the petitioner

Patna High Court CR. MISC. No.3913 of 2024(2) dt.13-02-2024 2/2 transpired in the case as he had entered into an agreement with the owner of Tata 407 vehicle for purchasing the same, but then the owner of the vehicle had not sold the vehicle to the petitioner, as such, based on the agreement entered in between the petitioner and the owner of the vehicle, the petitioner came to be implicated.

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. 5,000/- (Rupees Five Thousand) 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 Fulwadia P.S. Case No. 35 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T