Suresh Mehta @ Patarka v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19936 of 2025 Arising Out of PS. Case No.-444 Year-2024 Thana- NASRIGANJ District- Rohtas ====================================================== 1.
Suresh Mehta @ Patarka S/O Late Babu Kewani R/O Vill.- Badi Bazar, P.S.- Nasariganj, Dist.- Rohtas 2.
Jognidar Singh @ Jogi S/O Sri Nath Singh R/O Vill.- Badi Bazar, P.S.- Nasariganj, Dist.- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar Singh For the Opposite Party/s :
Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-04-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioners submits that petitioner no.1 has antecedent of two cases and petitioner no.2 is a person with clean antecedent and allegation is of recovery of 8.5 litres of liquor from bank of a river. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the
Patna High Court CR. MISC. No.19936 of 2025(2) dt.23-04-2025 2/3 petitioners and is accessible to public at large and they came to be implicated at the instance of chowkidar with whom they are on an inimical term.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Nasriganj P.S. Case No. 444/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. It is made clear that thereafter the learned trial court thereafter shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioner no.1 has antecedent of more than two cases and petitioner no.2 has antecedent of even one case, in that event, it would be presumed that petitioners had concealed their antecedent before this court, as such, the provisional anticipatory bail order shall not be
Patna High Court CR. MISC. No.19936 of 2025(2) dt.23-04-2025 3/3 confirmed but if on verification it is found that petitioner no.1 has antecedent of two cases and petitioner no.2 is a person with clean antecedent, in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) amit/- U T