Vishal Kumar @ Vishal Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28136 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- ISUAPUR District- Saran ====================================================== Vishal Kumar @ Vishal Rai Son of Late Channu Rai Resident of VillageDatra Purshouli, P.S.- Ishuapur, Dist.- Saran ... ... Petitioner
Versus
The State of Bihar Patna ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-04-2024
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 offences punishable under Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 44.64 liters of liquor from a bush.
4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and even the alleged recovery is from a place which is accessible to public at large and does not belong to the petitioner and he came to be implicated at the instance of chowkidar. It is further submitted that in majority of the cases police is implicating accused persons either at the instance of Chowkidar or local person. It is also submitted that if
Patna High Court CR. MISC. No.28136 of 2024(2) dt.15-04-2024 2/2 the Chowkidar was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to institution of the instant FIR which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Isuapur P.S. Case No. 51 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. However, it is made clear 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 even one case in that event, the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) Rishabh/- U T