Sikandar Rishidev @ Hoko v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45841 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- MAHALGAON District- Araria ====================================================== 1.
Sikandar Rishidev @ Hoko Son Of Indralal Rishi @ Indranand Rishidev, Resident Of Village - Ukhwa, Ward No.8, P.S. - Mahalgaon (Jokihat), District - Araria 2.
Indralal Rishi @ Indranand Rishidev, Son Of Kadamlal Rishidev Resident Of Village - Ukhwa, Ward No.8, P.S. - Mahalgaon (Jokihat), District - Araria ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Thakur Mr. Krishna Prabhat For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-07-2024
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is of recovery of 16 litres of liquor from a motorcycle.
4. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and petitioner no.1 came to be implicated based on the fact that he is owner of the
Patna High Court CR. MISC. No.45841 of 2024(2) dt.18-07-2024 2/3 seized vehicle. 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 petitioners were completely unaware that their friend would misuse the vehicle in the manner as alleged as he was also apprehended at the spot.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on their furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.2, Araria in connection with Mahalgaon P. S. Case No.24 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 accepting the bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event, if it is
Patna High Court CR. MISC. No.45841 of 2024(2) dt.18-07-2024 3/3 found that petitioners have 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