Rajju Kumar @ Anant Kumar @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16594 of 2025 Arising Out of PS. Case No.-885 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== RAJJU KUMAR @ ANANT KUMAR @ RAJU KUMAR Son of Ramashish Singh Resident of village - Pachhiyadih, Police Station - Muffasil, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2025 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 Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with four antecedent and the allegation is of recovery of 49.500 liters of liquor from bush.

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 and is accessible to public at large. It is further submitted that

Patna High Court CR. MISC. No.16594 of 2025(2) dt.16-04-2025 2/3 petitioner came to be implicated based on secret information which is the easiest way to implicate someone, it is next submitted that once an accused is implicated in a case relating itself, the police starts implicating mechanically without holding a proper investigation.

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. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court, Excise-II, Nawada in connection with Excise P. S. Case No. 885 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 after accepting the provisional 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 more than four cases, in that event, the present provisional anticipatory bail order shall

Patna High Court CR. MISC. No.16594 of 2025(2) dt.16-04-2025 3/3 not be confirmed, but if on verification, it is found that petitioner has antecedent of four cases, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) krishnakant/- U T