Viresh Kumar @ Bhulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67721 of 2022 Arising Out of PS. Case No.-261 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Viresh Kumar @ Bhulla, Son Of Late Abhinandan Singh @ Late Abhinand Singh R/V- Herpur Refinery O.P., P.S.- Barauni, District- Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma For the Opposite Party/s :

Dr. Kumar Uday Pratap ====================================================== 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 Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner has antecedent of seven cases and the allegation is of recovery of 2052 litres of liquor from a LPG tanker. 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 he came to be implicated at the instance of nearby people, but then the F.I.R. does snot disclose the name of nearby people, who disclosed the name of the petitioner. It is next submitted that petitioner is

Patna High Court CR. MISC. No.67721 of 2022(2) dt.09-12-2022 2/2 neither the owner, nor the driver of the seized vehicle. 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 bailbonds in the sum of Rs. 25,000/- (Rupees Twenty Five 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 Excise P. S. Case No.261 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 of the petitioner and in the event, if it is found that petitioner has more than seven antecedents, then the present anticipatory bail order shall not be acted upon.

(Satyavrat Verma, J) vikash/- U T