Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43915 of 2024 Arising Out of PS. Case No.-47 Year-2020 Thana- SITAMARHI District- Sitamarhi ====================================================== Sanjay Kumar S/o Ram Swarup Mahto @ Ram Rup Singh @ Ramrup Mahto R/o vill - Satyamacha ward no. -4 @ Bhasar Machhaha @ Satmachcha, P.S. Sitamarhi, Dist. Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2024

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 272, 273 and 34 of the I.P.C. and Section 30(a) 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 483.39 litres of liquor from a pickup and from a car.

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.43915 of 2024(2) dt.11-07-2024 2/3 implicated based on the fact that he is driver-cum-owner of the pickup vehicle. It is further 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, being owner, was completely unaware that his driver would misuse the vehicle in the manner as alleged. It is next submitted that in order to falsely implicate the petitioner, it has been alleged that petitioner is driver-cum-owner of the vehicle.

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 Exclusive Special Excise Court-2, Sitamarhi in connection with Sitamarhi P. S. Case No.47 of 2020, 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.43915 of 2024(2) dt.11-07-2024 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 even one case, in that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T