Jaychandra Kumar @ Jaychandra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4625 of 2025 Arising Out of PS. Case No.-317 Year-2024 Thana- KOTWA District- East Champaran ====================================================== 1.
Jaychandra Kumar @ Jaychandra Rai S/O Nandkishor Rai Resident of Village - Koirgawan, P.S.- Kotwa, District- East Champaran. 2.
Ajay Kumar @ Ajay Rai S/O Rameshwar Rai Resident of VillageKoirgawan, P.S.- Kotwa, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent.
4. Allegation is of recovery of 855.36 litres of liquor from a bush.
5. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and even the alleged recovery is from a place which does not belong to the
Patna High Court CR. MISC. No.4625 of 2025(2) dt.12-02-2025 2/3 petitioners and is accessible to public at large and they came to be implicated at the instance of the Chawkidar. It is further submitted that if the Chawkidar was aware of the involvement of the petitioners in the occurrence then why he did not inform the police prior to the institution of the instant FIR which casts an aspersion on the case of the prosecution.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
7. Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kotwa P.S. Case No. 317 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
8. It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioners and if it is found that petitioners have antecedent of even one case in that event the provisional anticipatory bail order shall not be
Patna High Court CR. MISC. No.4625 of 2025(2) dt.12-02-2025 3/3 confirmed but if it is found on verification that petitioners are persons with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T