Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44640 of 2024 Arising Out of PS. Case No.-609 Year-2023 Thana- JAMUI District- Jamui ====================================================== Pradeep Kumar S/o Ram Lakhan Singh R/o Village-Rahmanpur, P.S.- Asthama,District-Nalanda Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2024 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 in connection with Jamui PS Case No. 609/2023 for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of five cases and the allegation is of recovery of 03 litres of liquor from a truck. It is next submitted that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated in the instant case 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 occurrence and thus would create an evidence against himself and hence

Patna High Court CR. MISC. No.44640 of 2024(2) dt.12-07-2024 2/3 would get implicated and at the same time would bring disrepute to his business. It is also submitted that petitioner was completely unaware that his driver, Kundan Kumar would misuse the vehicle in the manner as alleged who was also apprehended on the spot. It is also submitted that petitioner is a business man and because of his driver he has been implicated in different cases.

4. Learned A.P.P. opposes the bail application.

5. 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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Court-1, Jamui in connection with Jamui P. S. Case No. 609/2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The application stands allowed.

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

Patna High Court CR. MISC. No.44640 of 2024(2) dt.12-07-2024 3/3 found that petitioner has antecedent of more than five cases, in that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) perwez U T