Ramesh Kumar @ Ramesh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49260 of 2024 Arising Out of PS. Case No.-238 Year-2024 Thana- BARUN District- Aurangabad ====================================================== Ramesh Kumar @ Ramesh Mahto, Son of Late Sitaram Sah R/O- Ward No.- 14, Lakhaura Mohra Tola, P.S.- Lakhaura, Dist.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Adarsh Singh For the Opposite Party/s :
Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2024
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) and 30(c) 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 65 litres of liquor from a place near kiln at Gatholi ghat along with 3300 kg. jaggery solution from a tractor parked at the place of occurrence.
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 being owner of the tractor. It is next submitted that
Patna High Court CR. MISC. No.49260 of 2024(2) dt.24-07-2024 2/3 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 Vicky Kumar would misuse the vehicle in the manner as alleged as he was also apprehended at the spot along with five others.
5. Learned A.P.P. opposes the anticipatory 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 Court No.1, Aurangabad in connection with Barun P. S. Case No.238 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 petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.49260 of 2024(2) dt.24-07-2024 3/3 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