Prem Keshari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7453 of 2019 Arising Out of PS. Case No.-354 Year-2018 Thana- CHAINPUR District- Bhabhua (Kaimur) ======================================================

1. Prem Keshari, aged about 50 years (Male) S/o Ramadhar Keshari

2. Vijay Jaiswal @ Vijay Kumar Jaiswal, aged about 48 years, S/o Bagedan Sah.

Both resident of Village-Hata, P.S.- Chainpur, District- Kaimur at Bhahua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Tripathy For the Opposite Party/s :

Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-02-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Chainpur P.S. Case No. 354 of 2018 registered for offences under sections 406, 420, 34 of the Indian Penal Code and Section 37(1)(2) of the Bihar Prohibition & Excise Act, 2016 and Section 11 of the Bangal Gambling Act. As per allegation, the police raided the house and found 15-20 persons assembled for gambling and drinking wine. The police recovered money and empty bottles of liquor from the place of occurrence.

The petitioners have got no criminal antecedent. Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest

Patna High Court Cr.Misc. No.7453 of 2019(2) dt.08-02-2019 2/2 or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 354 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

However, at the time of accepting bail bonds, the court below will verify and ensure itself regarding criminal antecedent of the petitioners and if it is found that the petitioners have clean antecedent, their bail bond will be accepted but, if it is found that the petitioners are involved in any other case before filing of the present case i.e. 07.02.2019, then they would not be released.

(Shivaji Pandey, J) rishi/- U T