Patna High CourtCR. MISC./28809/2024bail granted

Suraj Kumar v. The State Of Bihar

2024-04-16Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28809 of 2024 Arising Out of PS. Case No.-197 Year-2023 Thana- EKANGARSARAI District- Nalanda ====================================================== Suraj Kumar son of Ravi Kumar Ram @ Ravi Mohan Prasad Resident of Village- Ekangar Sarai, P.S.- Ekangar Sarai, Dist.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar No. I, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2024

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 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 2.625 liters of liquor from Ashirbad Utsav Hall.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious

Patna High Court CR. MISC. No.28809 of 2024(2) dt.16-04-2024 2/3 possession and even alleged recovery is from a place which does not belong to the petitioner. It is further submitted that petitioner came to be implicated based on suspicion as he had gone to attend a birthday party in the said Hall where the liquor was recovered, when petitioner admittedly is a person with clean antecedent.

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. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, Vth-cumSpecial Judge (Excise) Biharsharif, Nalanda in connection with Ekangar sarai P.S. Case No.197 of 2023, subject to the conditions laid down under Section 438(2) of 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

Patna High Court CR. MISC. No.28809 of 2024(2) dt.16-04-2024 3/3 found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect.

(Satyavrat Verma, J) Prakash Narayan U T