Jaswant @ Jasant v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33073 of 2024 Arising Out of PS. Case No.-78 Year-2023 Thana- KHUTAUNA District- Madhubani ====================================================== Jaswant @ Jasant Son of Ramjivan Resident of Village - Nakhrtola, P.S. -Kherki Daula, Distt. - Gurgaon, Haryana.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Shekhar Pandey, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-05-2024

1. 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 272, 273 of the IPC and 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 in connection with Khutauna P.S. Case No.78 of 2023.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 2575.44 liters of liquor from a truck.

4. 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 he is owner of the truck. It is next submitted that no prudent person would use his own vehicle for committing an

Patna High Court CR. MISC. No.33073 of 2024(2) dt.07-05-2024 2/3 occurrence and thus would create evidence against himself and hence would get implicated and at the same time would bring disrepute to the business. It is also submitted that petitioner was completely unaware that driver and khalashi would misuse the vehicle in the manner as alleged, when petitioner admittedly is a person with clean antecedent.

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

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 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, Jhanjharpur, Bihar in connection with Khutauna P.S. Case No.78 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that

Patna High Court CR. MISC. No.33073 of 2024(2) dt.07-05-2024 3/3 event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T