Jumai Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25868 of 2024 Arising Out of PS. Case No.-90 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== Jumai Mian S/o Late Hasim Mian R/o vill - Ghorasahan Chothwa Ghat Road no. 1, P.s. - Ghorasahan, Distt. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Shankar Shrivastava For the Opposite Party/s :
Mr. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-04-2024
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 30(a) of Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 7.5 litres of liquor from a place behind the house of petitioner and 33.50 litres of liquor from a shop. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery of 7.5 litres of liquor is from a place, which does not belong to the petitioner and is accessible to public at
Patna High Court CR. MISC. No.25868 of 2024(2) dt.05-04-2024 2/3 large. Further, the shop from where 33.50 litres of liquor is alleged to have been recovered does not belong to the petitioner and he came to be implicated at the instance of chowkidar. It is further submitted that the police in a mechanical manner implicates at the instance of chowkidar. It is also submitted that if chowkidar was aware of the involvement of the petitioner in the occurrence why he did not inform the police prior to institution of the instant F.I.R, which casts an aspersion on the case of the prosecution.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) 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 Ghorasahan P.S. Case No.90/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. It is made clear that the learned trial court before
Patna High Court CR. MISC. No.25868 of 2024(2) dt.05-04-2024 3/3 accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect to.
(Satyavrat Verma, J) amit/- U T