Ashish Kumar @ Ashish Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8091 of 2025 Arising Out of PS. Case No.-996 Year-2024 Thana- Excise P.S. District- Purnia ====================================================== Ashish Kumar @ Ashish Chaurasiya, Son of Subodh Kumar Chaurasiya @ Subodh Chaurasiya Resident of Anand Bihar Colony, PS- Sadar, DistrictPurnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-03-2025

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 Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 36 litres of liquor from a room, which is alleged to have been rented by the petitioner.

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 and even alleged recovery is from a place, which does not belong to the petitioner

Patna High Court CR. MISC. No.8091 of 2025(2) dt.06-03-2025 2/3 and the allegation that petitioner had taken the room on rent, has been made only to save the real culprit.

5. Learned A.P.P. opposes the anticipatory 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 provisional anticipatory 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.2, Purnea in connection with Excise P. S. Case No.996 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. 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 even one case, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner is a person with clean antecedent, in that event, the provisional

Patna High Court CR. MISC. No.8091 of 2025(2) dt.06-03-2025 3/3 anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) vikash/- U T