Jiya Lal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20430 of 2025 Arising Out of PS. Case No.-817 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== Jiya Lal S/o Late Elaichi Ram Resident of village- Quarter No 02, out House, Loco Colony, Danapur, Police Station- Khagaul, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gyan Prakash For the Opposite Party/s :
Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-04-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Ara Town P.S. Case No. 817 of 2022 for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, lodged on 10.09.2022 by the informant, Dileep Kumar.
3. As per the prosecution story, the police intercepted motorcycles. Though one person managed to escape, the other one apprehended. He was Jitendra Kumar and there is recovery of 40 Litres country made liquor, which led to the F.I.R.
4. Learned counsel for the petitioner submits that he is a retired Jamadar of East Central Railway, Danapur. He sold the motorcycle to one Ravi Ram but since he failed to get it transferred in his name, the petitioner has been implicated.
Patna High Court CR. MISC. No.20430 of 2025(2) dt.30-04-2025 2/3 Further, he has no criminal antecedent.
5. Learned APP opposes the prayer for bail of the petitioner.
6. Taking into account the aforesaid facts as also that the petitioner is a 67 years old, he is retired Jamadar from East Central Railway, Danapur and has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court- 1, Bhojpur, Ara in connection with Ara Town P.S. Case No. 817 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her
Patna High Court CR. MISC. No.20430 of 2025(2) dt.30-04-2025 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) Ranjeet/- U T