Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60754 of 2024 Arising Out of PS. Case No.-113 Year-2023 Thana- Excise P.S. District- Gaya ====================================================== Amit Kumar S/o Jagdish @ Jagdish Prasad R/o vill - Baniya, P.s. - Madanpur, Distt. - Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-08-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 56(b) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 3.75 litres of liquor from a motorcycle. 4.

Learned counsel for the petitioner submits that the 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 he is owner of the seized vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would

Patna High Court CR. MISC. No.60754 of 2024(2) dt.22-08-2024 2/3 create evidence against himself and hence would get implicated, it is further submitted that petitioner was completely unaware that Ritesh would misuse the vehicle in the manner as alleged, who was also apprehended from the spot.

5.

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

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 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) 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 Utpad Thana Gaya, Sherghati Excise Case No. 113 of 2023 subject to the conditions as 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 antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of even one case in that event, the present anticipatory bail order shall not be given effect to.

Patna High Court CR. MISC. No.60754 of 2024(2) dt.22-08-2024 3/3 8.

At this stage, learned counsel for the petitioner seeks permission to make rectification in the father's name of the petitioner.

9.

Permission is accorded.

(Satyavrat Verma, J) SUMIT/- U T