Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33829 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- SIRDALA District- Nawada ====================================================== 1.

Mohan Singh SON OF Lakhan Singh RESIDENT OF VILLAGEJAMUNDAHA, P.S.- RAJAULI, DISTRICT- NAWADA. 2.

Sakaldeo Singh Son Of Sukhdeo Singh Resident Of Village- Jamundaha, P.S.- Rajauli, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-05-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a)(c)/41 of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and allegation is of recovery of 215 litres of liquor from Shergar forest area. 4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which is accessible to public at large

Patna High Court CR. MISC. No.33829 of 2024(2) dt.09-05-2024 2/3 and does not belong to the petitioners and they came to be implicated at the instance of Chowkidar with whom they are on an inimical term, it is also submitted that if Chowkidar was aware of the involvement of the petitioner in the occurrence then why he/she did not inform the police prior to institution of the instant FIR which further casts aspersion on the case of the prosecution.

5.

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

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) each 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 Sirdala P.S. Case No. 31 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

It is made clear that the learned trial court before accepting the bail bonds of the petitioners shall verify the criminal antecedents of the petitioners and in the event if it is

Patna High Court CR. MISC. No.33829 of 2024(2) dt.09-05-2024 3/3 found that the petitioners have antecedent of even one case in that event the present anticipatory bail order shall not be given effect.

(Satyavrat Verma, J) SUMIT/- U T