Patna High CourtCR. MISC./61071/2024bail granted

Vijay Mukhiya v. The State Of Bihar

2024-08-23Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61071 of 2024 Arising Out of PS. Case No.-40 Year-2024 Thana- DEODHA District- Madhubani ====================================================== Vijay Mukhiya, Son Of Laxmeshwar Mukhiya R/O Village- Inarwa Ushrahi, P.S.- Deogha, District- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2024

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 272, 273 and 34 of the I.P.C. and Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 6.84 litres of liquor from a motorcycle.

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 implicated based on the fact that he is owner of the seized motorcycle. The learned counsel for the petitioner submits that a

Patna High Court CR. MISC. No.61071 of 2024(2) dt.23-08-2024 2/3 specific pleading has been made at Para-7 of the anticipatory bail application that petitioner is not the owner of the motorcycle. It is next submitted that this is how the police implicates in a mechanical manner without investigating the case in its correct perspective

5. Learned A.P.P. 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge2nd- cum- Special Judge Excise Act, Madhubani in connection with Deodha P. S. Case No.40 of 2024, G.R. No.593 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 it is

Patna High Court CR. MISC. No.61071 of 2024(2) dt.23-08-2024 3/3 found that petitioner has antecedent of more than two cases, in that event, the present anticipatory bail order shall not be given effect to.

9. However, it is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the ownership of the seized vehicle and in the event, if it is found that the vehicle is registered in the name of the petitioner, in that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T