Pusup Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70214 of 2024 Arising Out of PS. Case No.-262 Year-2024 Thana- VAISHALI District- Vaishali ====================================================== Pushp Raj Son of Arvind Kumar R/O Fatahpur Chakmruf, P.S.- Belsar, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Prasad Sinha For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-09-2024

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 37 of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 360 ml of liquor from a Car.

4. 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 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.70214 of 2024(2) dt.27-09-2024 2/3 create evidence against himself and hence would get implicated, it is also submitted that petitioner was completely unaware that Sachin would misuse the vehicle in the manner as alleged who was also apprehended from the spot along with Akshay, Gunjan and Dhananjay.

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. 5,000/- (Rupees Five Thousand) 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 Vaishali P.S. Case No. 262 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, 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 found that petitioner has antecedent of more than one case in that event, the present anticipatory bail order shall not be

Patna High Court CR. MISC. No.70214 of 2024(2) dt.27-09-2024 3/3 given effect to.

8. At this stage, the learned counsel for the petitioner submits that name of the petitioner is Pushp Raj, but inadvertently, he has been described as Pusup Raj, thus seeks permission to rectify the name of the petitioner.

9. Permission is accorded.

(Satyavrat Verma, J) Rishabh/- U T