CRIMINAL MISCELLANEOUS No.7735 of 2024 Arising Out of PS. Case No.-842 Year-2023 Thana- Excise P.S. District- Aurangabad ====================================================== Binod Yadav Son of Suresh Yadav Resident of Village - Bharwar, P.S. - Mufassil, Dist. - Aurangabad, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance: For the Petitioner/s: Mr. Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s: Ms. Rita Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYA VRAT VERMA ORAL ORDER 2 23-02-2024 1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32(1) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Learned counsel for the petitioner submits that petitioner has antecedent of two cases.
Allegation is of recovery of 10.800 litres of liquor from a motorcycle which was being carried by one Shiv Kumar in a bag.
Learned counsel for the petitioner submits 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. Patna High Court CR. MISC. No.7735 of 2024(2) dt.23-02-2024 2/2 It is further submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is next submitted that petitioner was completely unaware that his brother Pankaj Kumar would misuse the vehicle in the manner as alleged who was also apprehended from the spot.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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.10,000/- (Rupees Ten 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 Excise P.S. Case No. 842 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Kundan/- (Satyavrat Verma, J) U T