Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32020 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- Excise P.S. District- Lakhisarai ====================================================== Bittu Kumar Son Of Sunil Singh, Resident Of Village- Sethna Ps- Halsi, DistLakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Vinay Prasad Singh, Advocate For the State :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 22-05-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.
2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 112C2 of 2024 dated 06.02.2024, registered for the offences punishable under Section 30(a) of the Bihar Prohibition of Excise (Amendment) Act, 2018.
3. As per the prosecution case, total recovery of 10.500 litre foreign liquor has been made from the cow shed.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is no recovery of illegal liquor from the possession of the petitioner. He further submits that the whole case is based on suspicion, as such, no case is made out under Excise Act and the present anticipatory bail
Patna High Court CR. MISC. No.32020 of 2024(2) dt.22-05-2024 2/3 petition is maintainable.
5. It has also been stated in paragraph no.3 of the bail petition that the petitioner has four criminal antecedents but in all cases, he is on bail.
6. It is also stated in paragraph no. 2 of the petition that petitioner has never moved before this Hon'ble Court for grant of Anticipatory Bail or Regular Bail.
7. However, Ld. APP for the State vehemently opposes the prayer of the petitioner for anticipatory bail.
8. Considering the aforesaid facts and circumstances of the case, this application is allowed, directing the petitioner above named, to be enlarged on bail in the event of his arrest or surrender before Ld. trial court within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Additional District & Sessions Judge-V-cumSpecial Excise Court-II, Lakhisarai, in connection with Excise P.S. Case No. 112C2 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of Ld. trial court
Patna High Court CR. MISC. No.32020 of 2024(2) dt.22-05-2024 3/3 that the petitioner has any criminal antecedent, Ld. trial court shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of Ld. trial court that statement regarding previous bail petition is wrong, Ld. trial court shall cancel the bail bond of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T