Anil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29671 of 2024 Arising Out of PS. Case No.-1093 Year-2023 Thana- SONEPUR District- Saran ====================================================== Anil Rai Son of Late Anandi Ray Resident of Vilage- Sabalpur Pachhiyari Tola,P.S- Sonepur,Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Ms.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-04-2024 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 offences punishable under Sections 30(a), 32, 36 and 47 of the Bihar Excise Act and Sections 188, 420, 120B, and 34 of the IPC.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 696.81 litres of liquor from a truck. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is neither the driver nor the owner of the seized vehicle and he came to be implicated based at the instance of informant, who is a police

Patna High Court CR. MISC. No.29671 of 2024(2) dt.20-04-2024 2/3 officer. It is also submitted that it appears that the police, in order to save the real culprit, falsely implicated the petitioner taking advantage of his antecedent. It is next submitted that once an accused is implicated in a case relating to liquor, thereafter police implicates mechanically.

5.

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

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 trial court within a period of six weeks from today, be released on 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 Sonepur P.S. Case No. 1093 of 2023 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 petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of more than two cases, in that event the present anticipatory bail order shall not be

Patna High Court CR. MISC. No.29671 of 2024(2) dt.20-04-2024 3/3 given effect to.

(Satyavrat Verma, J) SUMIT/- U