Kuldip Sharma @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27801 of 2024 Arising Out of PS. Case No.-75 Year-2015 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Kuldip Sharma @ Rakesh Kumar SON OF DHANESHAR THAKUR @ DHANESHWAR THAKUR Resident Of Village -Phulwaria Ps -Rajauli District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-04-2024

1. Heard learned counsel for the petitioner as well as 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 47(a) of the Excise Act.

3. The learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 60 liters of liquor along with 600 kg of fermented liquor from a place near Dhanarjy river.

4. 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 is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated based on secret information

Patna High Court CR. MISC. No.27801 of 2024(2) dt.15-04-2024 2/2 which is the easiest way to implicate someone.

5. The learned APP for the State opposes the anticipatory 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. 10,000 /- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-2, Nawada in connection with G.O. Case No.75 of 2015, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is further made clear that the learned trial court shall also verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than two case, then also the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) Prakash Narayan U T