Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60263 of 2024 Arising Out of PS. Case No.-138 Year-2024 Thana- DEWARIA District- Muzaffarpur ====================================================== 1.

Aman Kumar Son of Dindyal Ray @ Dindayal Ray R/o Village- Chainpura, P.S.- Deoria, District- Muzaffarpur 2.

Vikash Kumar Son of Jagnnath Ray @ Jagarnath Ray R/o VillageChainpura, P.S.- Deoria, District- Muzaffarpur 3.

Amod Kumar Son of Nawal Ray R/o Village- Bangra Muza, P.S.- Deoria, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh For the Opposite Party/s :

Ms. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-08-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code read with Section 30(a) of Bihar Excise Act

3. Learned counsel for the petitioners submits thathe petitioners are person with clean antecedent and allegation is of recovery of 207.72 liters of liquor from a Scorpio vehicle.

4. Learned counsel for the petitioners submits that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and neither the owner

Patna High Court CR. MISC. No.60263 of 2024(2) dt.21-08-2024 2/2 nor the driver of the seized vehicle and they came to be implicated based on the confessional statement of Deepak in police custody which does not have any evidentiary value.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Deoria P.S. Case No. 138 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, it is made clear the learned Trial Court before accepting the bail bonds of the petitioners shall verify their criminal antecedent and in the event if it is found that any of the petitioners have antecedent of even one case in that event, the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) Rishabh/- U T