Krishan Kumar Kapar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16728 of 2025 Arising Out of PS. Case No.-217 Year-2024 Thana- Excise P.S. District- Samastipur ====================================================== Krishan Kumar Kapar S/o Feku Kapar VPO Resident of Village- Hasanpur, PS- Khanpur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.
4. Allegation is of recovery of 10.44 litres of liquor from a motorcycle and an auto.
5. 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 auto rickshaw. It is further submitted that no prudent person would use his own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.16728 of 2025(2) dt.16-04-2025 2/3 would create evidence against himself and hence would get implicated. It is next submitted that petitioner was completely unaware that Vikram Kumar Kapar would misuse the vehicle in the manner as alleged who was also apprehended from the spot.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, let 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 provisional anticipatory bail on furnishing bail bonds 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/successor court in connection with Excise (Sadar) Samastipur P.S. Case No. 217 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
8. It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner is a person with clean antecedent in that event the provisional
Patna High Court CR. MISC. No.16728 of 2025(2) dt.16-04-2025 3/3 anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T