Patna High CourtCR. MISC./53190/2024bail granted

Shiv Shankar Choudhary v. The State Of Bihar

2024-07-29Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53190 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== SHIV SHANKAR CHOUDHARY, SON OF HARIKANT CHAUDHARY RESIDENT OF VILLAGE - RAGHUNANDANPUR, WARD NO. 7, P.S. BHAGWANPUR, DISTRICT- BEGUSARAI (OWNER OF TRUCK NO. BR30GA-4302) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.Rabindra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-07-2024

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 56(2)(ii) 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 8.625 litres of liquor from a truck and three persons namely Amresh Kumar, Tripurari Kumar and Sanjiv Kumar were apprehended.

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.53190 of 2024(2) dt.29-07-2024 2/3 implicated based on that he is owner of the truck. 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 Sanjiv would misuse the vehicle in the manner as alleged as he was also apprehended at the spot along with Amresh and Tripurari.

5. Learned A.P.P. Sri Rabindra Kumar 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 Exclusive Special Judge Excise-2, Nawada in connection with Excise P. S. Case No.29 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

Patna High Court CR. MISC. No.53190 of 2024(2) dt.29-07-2024 3/3 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