Nippu Prasad @ Nitu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31402 of 2024 Arising Out of PS. Case No.-108 Year-2024 Thana- JOGAPATTI District- West Champaran ====================================================== Nippu Prasad @ Nitu Prasad son of Daroga Prasad Resident of VillageLoharpatiya, Police Station- Lauriya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-04-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 147.960 liters of liquor from a maruti vehicle.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious

Patna High Court CR. MISC. No.31402 of 2024(2) dt.30-04-2024 2/3 possession and is neither the owner nor the driver of the seized vehicle and he came to be implicated based on secret information which is the easiest way to implicate someone. It is also submitted that it appears that the police in order to save the real culprits falsely implicated the petitioner taking advantage of his antecedent.

5. The learned APP for the State opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, ExciseII, Bettiah, West Champaran in connection with Yogapatti P.S. Case No.108 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is further made clear that the learned trial court shall also verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than three cases, then also the present anticipatory bail order

Patna High Court CR. MISC. No.31402 of 2024(2) dt.30-04-2024 3/3 shall not be given effect to.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T