Rajesh Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28033 of 2024 Arising Out of PS. Case No.-746 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Rajesh Nut, Son Of Dinesh Nut @ Dineshwar Nat Resident Of VillageMirjapur Bazidpur Bhoraha Ps- Madhowrah, Dist- Saran At Chapra ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-04-2024

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 Sections 147, 148, 149, 341, 323, 325, 332, 333 and 307 of the I.P.C. and Section 30(a) of the Excise Act, 2016.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 75 litres of liquor from the village- Piyarpurwa.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such,

Patna High Court CR. MISC. No.28033 of 2024(2) dt.15-04-2024 2/3 nothing was recovered from his conscious possession and even alleged recovery is from a place, which does not belong to the petitioner and is accessible to public at large and he came to be implicated at the instance of Chaukidar with whom he is on an inimical term. It is further submitted that if Chaukidar was aware of the involvement of the petitioner in the occurrence, then why he did not inform the police prior to institution of the present F.I.R., which cast an aspersion on the case of the prosecution.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, abovenamed, 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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Judge Excise, Saran at Chapra in connection with Marhowrah P. S. Case No.746 of 2023, subject to the conditions laid down under Section 438(2) of

Patna High Court CR. MISC. No.28033 of 2024(2) dt.15-04-2024 3/3 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 one case, in that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T