Kuldeep v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44894 of 2024 Arising Out of PS. Case No.-1608 Year-2023 Thana- Excise P.S. District- Patna ====================================================== Kuldeep, Son of Ratan Singh Proprietor of Ratandeep Industries, R/O Mohalla- Ward no. 6, Jhrola near Rajkiya Ausadhalya, Gurgaon, P.S.- Farukh Nagar, Dist.- Haryana ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashikant For the Opposite Party/s :
Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2024
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), 32(3) and 56(b) 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 826.5 litres of liquor from a truck.
4. The learned counsel for the petitioner submits 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 seized truck. It is next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.44894 of 2024(2) dt.12-07-2024 2/3 vehicle for committing a crime 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 the truck was hired by V-mart Logistic for transportation and it appears that the driver in connivance with the hirer misused the vehicle in the manner as alleged, when admittedly petitioner is a person with clean antecedent.
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-III, Patna in connection with Excise P. S. Case No.1608 of 2023, 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
Patna High Court CR. MISC. No.44894 of 2024(2) dt.12-07-2024 3/3 event, the present anticipatory bail application shall not be given effect to.
(Satyavrat Verma, J) vikash/- U T