Vishnu Singh @ Vishnu Kumar Rawat @ Vishnu Meena v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34588 of 2024 Arising Out of PS. Case No.-539 Year-2016 Thana- CHAPRA TOWN District- Saran ====================================================== Vishnu Singh @ Vishnu Kumar Rawat @ Vishnu Meena Son of Kesar Singh Resident of Village- Kachher, P.S- Hiran Magri, Dist -Udaipur, Rajasthan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2024 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 offences punishable under Section 30(a) 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 851 litres of liquor from a truck. 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 vehicle. It is next submitted that no prudent person would use

Patna High Court CR. MISC. No.34588 of 2024(3) dt.26-07-2024 2/3 his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated and at the same time would bring disrepute to his business, it is further submitted that petitioner was completely unaware that Krishna would misuse the vehicle in the manner as alleged, who was also apprehended from the spot along with Kashmir Singh.

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 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 Town (Saran) P.S. Case No. 539 of 2016, subject to the conditions as 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 antecedents of the petitioner and in the event if it is

Patna High Court CR. MISC. No.34588 of 2024(3) dt.26-07-2024 3/3 found that the petitioner has antecedent of even one case in that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) SUMIT/- U T