Gurmeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84181 of 2023 Arising Out of PS. Case No.-16 Year-2018 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Gurmeet Singh, S/o Ram Singh R/o village-Ajit Gill, P.S-The Jaitu, DistrictFaridkot (Punjab) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024

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 Sections 30(a), 38, 41 and 48 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 2982.60 litres of liquor from a truck.

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. It is also submitted that petitioner is a businessman and he came to be implicated in the instant case based on the fact that he is owner of the truck. It

Patna High Court CR. MISC. No.84181 of 2023(3) dt.21-02-2024 2/2 is further submitted that no prudent businessman would use his own vehicle for committing an occurrence and thus, would create evidence against himself and hence, would bring disrepute to his business. It is further submitted that petitioner was completely unaware that his driver Jagtar Singh would misuse the vehicle in the manner as alleged, who was also apprehended.

5. Learned A.P.P. opposes the 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. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.III, Muzaffarpur in connection with Siwaipatti P. S. Case No.16 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T