Dr. Chotulal Prasad @ Chotelal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28573 of 2024 Arising Out of PS. Case No.-544 Year-2023 Thana- MINAPUR District- Muzaffarpur ====================================================== Dr. Chotulal Prasad @ Chotelal Prasad S/o Late Krishnadev Prasad R/o Vill.- Musalmani Chak, P.S.- Meenapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar For the Opposite Party/s :

Mr. Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-04-2024

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 offence punishable under Sections 272, 273 IPC and Section 30(a) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 809.46 litres of liquor from a bush. 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 is accessible to public at large and does not belong to the petitioner and he came to be implicated at the instance of local person but the name of local person who disclosed the name of the petitioner is not

Patna High Court CR. MISC. No.28573 of 2024(2) dt.10-04-2024 2/3 mentioned in the F.I.R., which casts an aspersion on the case of the prosecution. It is also submitted that if the local person was aware of the involvement of the petitioner in the occurrence then why he or she has not informed the police prior to institution of the instant F.I.R., which further casts an aspersion on the case of the prosecution.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Minapur P.S. Case No.544/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one case, in that

Patna High Court CR. MISC. No.28573 of 2024(2) dt.10-04-2024 3/3 event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) amit/- U T