Allowed

Raghu Kumar v. The State of Bihar

Patna HC1 Mar 2024CR. MISC./11516/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by petitioner implicated in excise case after 90 litres of liquor was allegedly recovered from three motorcycles, one owned by him. Court granted bail on surrender with bonds of Rs.500 and two sureties, subject to CrPC Section 438(2) conditions.

What did the court decide?

Anticipatory bail granted: to be released on Rs.500 bail-bonds with two sureties of like amount upon arrest or surrender within six weeks, subject to S.438(2) Cr.P.C. conditions.

Raghu Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11516 of 2024

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Arising Out of PS. Case No.-362 Year-2023 Thana- FATEHPUR District- Gaya

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======================================================

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Raghu Kumar Son of Prayag Saw Resident of Village- Gafakala, P.S.Bodhgaya, District - Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shailesh Kumar, Advocate For the Opposite Party/s : Mr.Nand Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 01-03-2024

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Heard learned counsel for the petitioner as well as

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learned APP for the State.

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The petitioner seeks bail in anticipation of his

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arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

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The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 90 liters of liquor from three motorcycles as detailed in the FIR.

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It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and came to be implicated based on the fact that petitioner is the owner of one of the seized motorcycle. It is next submitted that no prudent person would use his own vehicle for

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Patna High Court CR. MISC. No.11516 of 2024(2) dt.01-03-2024 2/2

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committing an occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted that petitioner was completely unaware that his friend Guddu would misused the vehicle in the manner as alleged who was also apprehended from the spot, when petitioner admittedly is a person with clean antecedent.

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

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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 Court below where the case is pending in connection with Fatehpur P.S. Case No.362 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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7. The application stands allowed.

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(Satyavrat Verma, J)

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Prakash Narayan U T

Raghu Kumar v. The State of Bihar

Case brief

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Raghu Kumar v. The State of Bihar

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