This court allowed the petitioner's application for anticipatory bail in a recovery case under the Bihar Excise Act, directing his surrender within six weeks with a bond of Rs. 1,000 and two sureties.
Anticipatory bail granted; surrender within six weeks; bond of Rs. 1,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29795 of 2023
Arising Out of PS. Case No.-169 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan
====================================================== SANDEEP KUMAR SON OF RAJ KISHOR KUNWAR RESIDENT OF VILLAGE- PARSA MATHURA, PS- PARSA, DISTT- SARAN AT CHAPRA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Chandra Shekhar, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 18-05-2023
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 Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 202.500 liters of liquor from an Auto.
Learned counsel for the petitioner submits that the 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 the owner of the Auto. It is further submitted that Auto is his source of livelihood and no
Patna High Court CR. MISC. No.29795 of 2023(2) dt.18-05-2023 2/2
prudent person would bring disrepute to his business and at the same time would use his vehicle for committing an occurrence thus creating an evidence against himself and hence would get implicated. It is next submitted that petitioner was completely unaware that his driver would misuse the vehicle in the manner as alleged.
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 trial court 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 trial court where the case is pending/successor court in connection with Excise P.S. Case No. 169 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
Rishabh/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case u/s 30(a) of Bihar Excise Act?
2 provisions across 2 enactments
SANDEEP KUMAR
The State of Bihar
SATYAVRAT VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
