Mantu Kumar @ Ashwani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67624 of 2022 Arising Out of PS. Case No.-414 Year-2022 Thana- BYPASS District- Patna ====================================================== Mantu Kumar @ Ashwani Kumar, Son Of Shyam Sundar Prasad R/O Vill.- Kath Ka Pul, P.S.- Mehandiganj, Distt.- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rudra Deo For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 36 of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 768.96 litres of liquor from a truck. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner came to be implicated based on confessional statement of Akhilesh Kumar Rai and also because he is owner of the seized truck. The learned counsel submits that no prudent

Patna High Court CR. MISC. No.67624 of 2022(2) dt.09-12-2022 2/3 man would use his own vehicle for committing an occurrence and thus, create evidence against himself. It is next submitted that petitioner was completely unaware that Akhilesh Kumar Rai would misuse the vehicle in the manner as alleged. It is also submitted that petitioner had purchased the said truck for the purpose of business and no prudent businessman would indulge in committing a crime and thus, bring distribute to its own business.

Learned A.P.P. opposes the bail application.

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 Court below where the case is pending in connection with Bypass P. S. Case No.414 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

However, the learned trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent

Patna High Court CR. MISC. No.67624 of 2022(2) dt.09-12-2022 3/3 of the petitioner and in the event, if it is found that petitioner has more than two antecedents, then the present anticipatory bail order shall not be acted upon.

(Satyavrat Verma, J) vikash/- U T