Kundan Kishore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42569 of 2024 Arising Out of PS. Case No.-69 Year-2024 Thana- MAHUA District- Vaishali ====================================================== Kundan Kishore S/O Ramesh Prasad Singh @ Ramesh Kumar Singh R/O Village Salempur Salkhani P.S. Patepur Distt Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Suruchi Anand For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2024 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 Sections 30(a), 32(I), 32(II), 36, 41(I) and (2) of the Bihar Excise Act and Sections 272, 273, 467, 414, and 120B of the IPC.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 6320.52 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 is not the owner of the seized truck and he came to be implicated based on secret information which is the easiest way to implicate someone. It is

Patna High Court CR. MISC. No.42569 of 2024(2) dt.30-08-2024 2/2 next submitted that police at times in order to save the real culprit implicates mechanically taking aid of secret information. 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. 5,000/- (Rupees Five Thousand) 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 Mahua P.S. Case No. 69 of 2024, 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 found that the petitioner has antecedent of more than one case, in that event, the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) SUMIT/- U T