Mohan Lal Dangi @ Mohan Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26533 of 2024 Arising Out of PS. Case No.-298 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== MOHAN LAL DANGI @ MOHAN LAL S/o Nathu Lal Dangi R/o Bhesra Khurd, P.S.-Bhensda, Dist-Udaipur, Rajasthan. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gaurav Prakash, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 120(B) of the IPC and Section 30(a), 32, 41 of the Bihar Prohibition and Excise Amendment Act in connection with Daudnagar P.S. Case No.298 of 2023.

3. The learned counsel for the petitioner submits that the deficit court fee has been paid.

4. It is next submitted that petitioner is a person with clean antecedent and allegation is of recovery of 6526.08 liters of liquor from a truck.

5. 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

Patna High Court CR. MISC. No.26533 of 2024(3) dt.01-08-2024 2/3 he is owner of the truck. 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 hence would get implicated and at the same time will bring disrepute to his business. It is also submitted that petitioner was completely unaware that Parmar Sahil Kumar would misuse the vehicle in the manner as alleged who was also apprehended from the spot being driver of the truck.

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

7. 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, Excise-II, Aurangabad, Bihar in connection with Daudnagar P.S. Case No.298 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

8. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the

Patna High Court CR. MISC. No.26533 of 2024(3) dt.01-08-2024 3/3 criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect.

9. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T