Sonu Kumar v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA Ms.Mukul Kumari, Advocate Mr.Rana Randhir Singh, APP ORAL ORDER 2 06-03-2024

Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 32(i), 32(3) of the Bihar Prohibition and Excise Amendment Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 60.480 liters of liquor from a motorcycle.

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 based on the fact that he is owner of the motorcycle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and Patna High Court CR. MISC. No.13048 of 2024(2) dt.06-03-2024 hence would get implicated. It is also submitted that petitioner was completely unaware that Guddu Kumar would misused the vehicle in the manner as alleged who was also apprehended from the spot.

The learned APP for the State opposes the anticipatory bail application.

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.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Special Judge of Excise, II, Aurangabad in connection with Excise P.S. Case No.950 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.