Md Irfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60308 of 2024 Arising Out of PS. Case No.-90 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== Md Irfan S/O Md. Shamim R/O Village- Sakra Faidpur (Dholi), P.S- Sakra, Distt.- Muzaffarpur, Bihar- 848236.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Kumar Pandey, Advocate For the Opposite Party/s :

Ms.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-08-2024

1. Heard learned counsel for the petitioner as well as 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 41(1)(2) of the Bihar Excise and Prohibition Act in connection with Ujiarpur P.S. Case No.90 of 2004.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 4415.04 liters of liquor from two trucks.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that

Patna High Court CR. MISC. No.60308 of 2024(2) dt.21-08-2024 2/3 he is owner of one of the seized truck. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated and at the same time would bring disrepute to his business. It is also submitted that petitioner was completely unaware that his driver would misuse the vehicle in the manner as alleged, when petitioner admittedly is a person with clean antecedent.

5. The learned APP for the State 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, Ist, Samastipur in connection with Ujiarpur P.S. Case No.90 of 2004, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. 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.60308 of 2024(2) dt.21-08-2024 3/3 found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T