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Patna High CourtCR. MISC./19945/2025disposed

Ranjeet Chaudhary @ Ranjeet Kumar v. The State Of Bihar

2025-04-23Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19945 of 2025 Arising Out of PS. Case No.-512 Year-2015 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Ranjeet Chaudhary @ Ranjeet Kumar Son of Rambriksha Chaudhary Resident of Village- Pesh, P.S.- Nardiganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-04-2025

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 47(a) and (F) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases

4. Allegation is of recovery of 30 litres of liquor from a village.

5. 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 the 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.19945 of 2025(2) dt.23-04-2025 2/3 petitioner came to be implicated based on the secret information which is the easiest way to implicated some one. It is next submitted that once an accused is implicated in a case relating to excise the police start implicating mechanically without holding a proper investigation. It is also submitted that the police in mechanical manner implicate either at the instance of the Chawkidar, local people, secret information or confessional statement.

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

7. Considering the submissions made by the learned counsel for the petitioner, let 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.15,000/- (Rupees Fifteen 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 G.O. Case No. 512 of 2015, 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 petitioner and if

Patna High Court CR. MISC. No.19945 of 2025(2) dt.23-04-2025 3/3 it is found that petitioner has antecedent of more than three cases, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner has antecedent of only three cases in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T