Patna High CourtCR. MISC./14858/2024disposed

Lal Babu Rai v. The State Of Bihar

2024-03-04Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14858 of 2024 Arising Out of PS. Case No.-643 Year-2023 Thana- DARIYAPUR District- Saran ====================================================== Lal Babu Rai Son of Sudarshan Rai Resident of village - Saraiya Laddu Tola, P.S. - Dariyapur, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The present case based on mentioning has been taken up out of turn that it was mentioned that son of the petitioner is getting married on 06.03.2024 with Kumari Sangeeta, daughter of Smt. Kismatiya Devi and Sri Lalbabu Rai (Ex-Army), resident of village Laganpura, Post Pachrukhi, P.S. Bheldi, district Saran.

4. Learned counsel for the petitioner submits that petitioner has antecedent of two cases.

5. Allegation is of recovery of 3543.48 litres of liquor from a DCM Truck and 54 litres of liquor from a pick-up van.

Patna High Court CR. MISC. No.14858 of 2024(2) dt.04-03-2024 2/3

6. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner or the driver of any of the seized vehicles and he came to be implicated based on the confessional statement of co-accused in police custody which does not have any evidentiary value in the eye of law.

7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

8. 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 provisional anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) 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 Dariyapur P.S. Case No. 643 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

9. It is made clear that the provisional anticipatory bail of the petitioner shall be confirmed after seeking a report from the concerned police station i.e. Bheldi Police Station that

Patna High Court CR. MISC. No.14858 of 2024(2) dt.04-03-2024 3/3 as to whether the son of the petitioner is getting married to the daughter of Smt. Kismatiya Devi and Sri Lalbabu Rai (ExArmy) or not. In the event, if the report records that the son of the petitioner is not getting married with Kumari Sangeeta, daughter of Smt. Kismatiya Devi and Sri Lalbabu Rai (ExArmy) in that event, the learned trial court shall forthwith cancel the provisional anticipatory bail granted to the petitioner but in the event if the report records that son of the petitioner is getting married on 06.03.2024 with Sangeeta Kumari daughter of Smt. Kismatiya Devi and Sri Lalbabu Rai (Ex-Army) in that event the provisional anticipatory bail shall be confirmed on the same terms and conditions.

(Satyavrat Verma, J) Kundan/- U T