SONU KUMAR v. The State of Bihar
Case at a glance
Provisions considered
- Bihar Excise Act s. 30(a)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA Mr. Rajani Kant Singh, Advocate Ms. Sucheta Yadav, APP ORAL ORDER 2 07-08-2023
#1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
#2. The petitioner apprehends his arrest in connection with Natwar P.S. Case No. 80 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
#3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 55 litres of liquor from a place near a canal and one motorcycle was seized.
#4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and being owner of the motorcycle, he came to be implicated, it is next submitted Patna High Court CR. MISC. No.51020 of 2023(2) dt.07-08-2023 that no prudent person would use his own vehicle for committing an occurrence and thus would get implicated by creating evidence against himself, it is further submitted that the petitioner was completely unaware that his neighbour would misuse the vehicle in the manner as alleged.
#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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Natwar P.S. Case No. 80 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Rishi/- U T (Satyavrat Verma, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.