Bhola Kora v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24584 of 2025 Arising Out of PS. Case No.-92 Year-2023 Thana- CHANAN District- Lakhisarai ====================================================== Bhola Kora S/o Late Tulsi Kora Resident of Village- Kachhua, P.S.- Chanan, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Adv.
For the Opposite Party/s :
Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-05-2025 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Chanan P.S. Case No. 92 of 2023 for the offence registered under sections 30(a)(b)(c) of Bihar Prohibition and Excise Act lodged on 22.07.2023.
3. As per the prosecution story, the informant alleged that upon information, the village, Kacchua was raided and in the forest area, six 'bhatis' were found with 80 litres country made liquor and 5,000 litre Jawa Mahua, which were destroyed. This led to the FIR.
4. Learned Counsel for the petitioner submits that he do not have criminal antecedent, is 85 years old, only because belongs to the same village, implicated. Further, all the recovery
Patna High Court CR. MISC. No.24584 of 2025(2) dt.02-05-2025 2/3 is from the forest area which cannot be attributed to him.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.
6. Taking into account the aforesaid facts, especially that the petitioner is 85 years old and has no criminal antecedent, in that background, this Court is inclined to grant him the anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-IV-cum-Special Excise Court-I, Lakhisarai in connection with Chanan P.S. Case No. 92 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his 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 bail
Patna High Court CR. MISC. No.24584 of 2025(2) dt.02-05-2025 3/3 bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark 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 the bail bonds. (Rajiv Roy, J) Vijay Singh/- U