Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40232 of 2024 Arising Out of PS. Case No.-359 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Dilip Kumar, Son of Doman Choudhary Resident of village- Dudhela, P.SBarun, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mukul Kumari For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-07-2024 1.Heard learned counsel for the petitioner and 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 30(a) and 32(3) of the Excise Act.

3.The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 5.4 litres of liquor from a motorcycle.

4.The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his

Patna High Court CR. MISC. No.40232 of 2024(2) dt.02-07-2024 2/3 conscious possession and he came to be implicated based on the fact that he is owner of the seized motorcycle. It is next submitted that no prudent person would use his own vehicle for committing a crime and thus, would create evidence against himself and hence, would get implicated. It is further submitted that petitioner was completely unaware that Vishal Kumar Pandey would misuse the vehicle in the manner as alleged as he was also apprehended at the spot.

5.Learned A.P.P. opposes the 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-II, Aurangabad in connection with G.R. No.687 of 2024 arising out of Excise P. S.

Patna High Court CR. MISC. No.40232 of 2024(2) dt.02-07-2024 3/3 Case No.359 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7.The application stands allowed.

8.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 event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T