Karamchand Kumar @ Jaramchand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25533 of 2025 Arising Out of PS. Case No.-130 Year-2025 Thana- ARA NAGAR District- Bhojpur ====================================================== Karamchand Kumar @ Jaramchand Kumar Son of Ram Bharosa Rai @ Ram Bharosa Yadav Resident of Village - Majhauwan, Police Station - Ara Nagar, District - Bhojpur at Ara.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-05-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Ara Town P.S. Case No. 130 of 2025 for the offence under section 30(a) of the Bihar Prohibition and Excise Act lodged on 22.02.2025 by the informant, Lalbabu.
3. As per the prosecution story, the informant alleged that on secret information, a motorcycle was intercepted and there is recovery/seizure of 20 liters mahua liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that nothing has been recovered from his conscious possession, have given the motorcycle to one Munni Paswan who may have used it for the illegal activities, only because of ownership, he got
Patna High Court CR. MISC. No.25533 of 2025(2) dt.07-05-2025 2/3 implicated and the last submission is that he do not have any criminal antecedent.
5. Learned APP opposes the prayer.
6. Taking into account the submissions of the parties as also that the petitioner do not have criminal antecedent, FIR lodged and will be facing the trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Judge, Excise Court No. 1, Bhojpur, Ara in connection with Ara Town P.S. Case No. 130 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.25533 of 2025(2) dt.07-05-2025 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T