Sant Lal Das @Sant Lal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34510 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Sant Lal Das @Sant Lal Kumar SON OF BALENDRA DAS Vill.- Sonwarsa Ps- baruraj Dist. -Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2024 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 272, 273 and 34 of the IPC and Section 30(a) of the Bihar Excise Act. 3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 3615 litres of liquor from six vehicles, as detailed in the FIR.

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 not the owner of any of the seized vehicles. It is next submitted that he came to be implicated based on confessional statement of Aniket and Raushan

Patna High Court CR. MISC. No.34510 of 2024(2) dt.15-05-2024 2/2 in police custody which does not have any evidentiary value, when admittedly petitioner is a person with clean antecedent. 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. 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 Sahebganj P.S. Case No. 97 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 petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of even one case in that event the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) SUMIT/- U T