Patna High CourtCR. MISC./46733/2024bail granted

Md. Munna Khan @ Munna Khan v. The State Of Bihar

2024-07-20Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46733 of 2024 Arising Out of PS. Case No.-191 Year-2024 Thana- Excise P.S. District- Begusarai ====================================================== Md. Munna Khan @ Munna Khan, S/O Mohammad Israil Khan R/O VillageDeona,Tilrath,P.S.-Barauni,Distt-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gautam Kejriwal Mr.Alok Kumar Jha Mr.Akash Kumar Mr.Aditya Raman For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2024

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), 36 land 33 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 5630 litres of spirit from six different vehicles including Scorpio, car and motorcycle.

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

Patna High Court CR. MISC. No.46733 of 2024(2) dt.20-07-2024 2/3 implicated based on the fact that he is owner of the seized Scorpio and his brother is the 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 Pintu Sao and Md. Raju Khan would misuse the Scorpio vehicle in the manner as alleged as who was also apprehended at the spot along with others.

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. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-II, Begusarai in connection with Begusarai P. S. Case No.191 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

Patna High Court CR. MISC. No.46733 of 2024(2) dt.20-07-2024 3/3 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 more than one case, in that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T