Kanchan Kumar Nishad v. The State of Bihar
Case at a glance
Provisions considered
- Bihar Prohibition and Excise (Amendment) Act, 2022 ss. 30(a), 32, 36, 41
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA Mr. Jitendra Narain Sinha Mr. Nitya Nand Tiwary ORAL ORDER 2 30-08-2024
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a), 32, 36, 41 of Bihar Prohibition and Excise (Amendment) Act, 2022.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 3372.84 litres of liquor from a truck. It is next submitted 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 truck. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated and at the same time would bring disrepute to the business. It is next submitted that the petitioner Patna High Court CR. MISC. No.54447 of 2024(2) dt.30-08-2024 was completely unaware that his driver would misuse the vehicle in the manner as alleged.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) 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 Karpurigram P.S. Case No.31/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect to. amit/- U T (Satyavrat Verma, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.