Sunni Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33064 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Sunni Singh Son of Surendra Singh Resident of Village- Mugalsarai ,P.S- S Kamal , Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-05-2024

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 Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 in connection with S. Kamal P.S. Case No.67 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent two cases and allegation is of recovery of 37.5 liters of liquor from a place behind the house of the petitioner.

4. It is next submitted that petitioner was not arrested

Patna High Court CR. MISC. No.33064 of 2024(2) dt.07-05-2024 2/3 from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated at the instance of local person based on suspicion as the recovery was made from a place adjacent to his house.

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.10,000 /- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-II, Begusarai in connection with S. Kamal P.S. Case No.67 of 2024, subject to the conditions 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 antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than two cases, in

Patna High Court CR. MISC. No.33064 of 2024(2) dt.07-05-2024 3/3 that event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T