Bhola Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28536 of 2025 Arising Out of PS. Case No.-435 Year-2022 Thana- DEHRI TOWN District- Rohtas ====================================================== Bhola Kumar S/O Deepak Sonkar R/O Village- Ward No. 15, Barah Pathar, Dehri, P.S- Dehri (T), Distt.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Kant For the Opposite Party/s :
Ms.Sharda Kumari ====================================================== 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 Section 30(a) of the Bihar Excise Act.
3.
Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 6.750 litres of liquor from Tar Bangla, Lane No. 8 along with a motorcycle.
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 he came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.28536 of 2025(2) dt.07-05-2025 2/3 his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated, it is further submitted that petitioner was completely unaware that his friend would misuse the vehicle in the manner as alleged, who fled from the spot.
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 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 Dehri (T) P.S. Case No. 435 of 2022, subject to the conditions as laid down under Section 482(2) of the BNSS.
7.
It is made clear that thereafter the learned Trial Court 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 order shall not be
Patna High Court CR. MISC. No.28536 of 2025(2) dt.07-05-2025 3/3 confirmed, but after verification if it is found that petitioner has antecedent of two cases in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) SUMIT/- U T