Pramukh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28226 of 2025 Arising Out of PS. Case No.-26 Year-2018 Thana- GORAUL District- Vaishali ====================================================== Pramukh Kumar S/O Late Nandu Paswan Resident of Village- Panchrukhi, P.S- Motipur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-05-2025

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 offences punishable under Sections 420, 467, 468 and 120(B) of the Indian Penal Code read with Sections 30(a), 32(ii) and 41(i) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 2432.88 liters of liquor from a Truck and Satyavan and Silu were arrested.

4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and during the course of investigation, he came to be implicated on the ground that he

Patna High Court CR. MISC. No.28226 of 2025(2) dt.07-05-2025 2/3 is user of Mobile No. 9708679843.

5. The learned counsel for the petitioner submits that it has not come during the course of investigation that any call was made from the said mobile number to any of the accused persons, rather the driver had disclosed before the police that he was informed by his owner that he will get a call from the aforesaid number, but then it is submitted that no call from the said number ever came. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information.

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

7. 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 trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) 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 Goraul P.S. Case No. 26 of 2018 subject to the conditions as laid down

Patna High Court CR. MISC. No.28226 of 2025(2) dt.07-05-2025 3/3 under Section 438 (2) of the Cr.P.C.

8. It is made clear that the learned Trial Court after accepting the provisional anticipatory bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than two cases then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail shall not be confirmed, but in the event if it is found that petitioner has antecedent of two cases only in that event the provisional anticipatory bail bonds shall be confirmed forthwith.

(Satyavrat Verma, J) Rishabh/- U T