Dhiraj Kumar @ Dhiraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24293 of 2024 Arising Out of PS. Case No.-456 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Dhiraj Kumar @ Dhiraj Singh S/O Kishori Singh @ Kishori Prasad Singh R/O Village- Rukmanjari, P.O- Rasulpur Korigaon, P.S- Goraul, Distt.- Vaishali.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar Mr.Rajeev Ranjan No. II Ms. Priyanka Kumari Smt. Kumari Rupa For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-04-2024

1. 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 Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of four cases and the allegation is of recovery of 71.10 litres of liquor from a place behind the house of Kishori Singh.

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 being son of

Patna High Court CR. MISC. No.24293 of 2024(2) dt.10-04-2024 2/3 Kishori Singh, he came to be implicated based on confessional statement of Kishori Singh in police custody, which does not have any evidentiary value. It is also submitted that even alleged recovery is from a place, which does not belong to the petitioner.

5. Learned A.P.P. opposes the 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 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 Excise Court No.1-cum- Additional District & Sessions Judge, Vaishali at Hajipur in connection with Goraul P. S. Case No.456 of 2023, 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 before accepting the 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

Patna High Court CR. MISC. No.24293 of 2024(2) dt.10-04-2024 3/3 that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T