Patna High CourtCR. MISC./52241/2024bail granted

Verma Jee @ Patram Verma v. The State Of Bihar

2024-08-01Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52241 of 2024 Arising Out of PS. Case No.-123 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Verma Jee @ Patram Verma, Son Of Rati Ram R/O- House No.-77, Street No. -02, Kuliwal Ground, Gurunanak Nagar, Focal Point, P.S.- Division No. 07, Distt.- Ludhaian, Punjab-141010 ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Devashish Giri For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2024

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(2) and 41(1) 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 18.200 litres of spirit 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 is

Patna High Court CR. MISC. No.52241 of 2024(2) dt.01-08-2024 2/3 not the owner of the seized truck and he came to be implicated based on confessional statement of Dilip Rai in police custody, which does not have any evidentiary value.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, abovenamed, 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 Additional District & Sessions Judge-IV-cum- Exclusive Special Excise Court-II, Gopalganj in connection with Kuchaikote P. S. Case No.123 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

Patna High Court CR. MISC. No.52241 of 2024(2) dt.01-08-2024 3/3 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