Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21609 of 2025 Arising Out of PS. Case No.-216 Year-2024 Thana- PARANDABAR District- Nawada ====================================================== Arvind Kumar Son of Sakendar Saw @ Sakendra Sao Resident of village -Newal chak Mirzapur, P.s. -Paranadabar District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Ms.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Ms. Gulnar Begum. 2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 41 of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 150 litres of liquor from an auto. 4.

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 owner of the seized auto. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create

Patna High Court CR. MISC. No.21609 of 2025(3) dt.15-05-2025 2/3 evidence against himself and hence would get implicated, it is further submitted that petitioner was completely unaware that his driver would misuse the vehicle in the manner as alleged. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

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 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 trial court where the case is pending/successor court in connection with Parnadabar P.S. Case No. 216 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS. 7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after

Patna High Court CR. MISC. No.21609 of 2025(3) dt.15-05-2025 3/3 verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) SUMIT/- U T