Mantu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35341 of 2024 Arising Out of PS. Case No.-740 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Mantu Ray Son of Dinesh Ram @ Dineshwar Ram Resident of village - Kolhrampur, P.S.- Barhara, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Barhara P.S. Case No. 740 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He has got no criminal antecedent.

3. As per the prosecution story, 25 litres of country made liquor has been recovered from an orchard of Koilrampur village.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.35341 of 2024(2) dt.04-06-2024 2/3 case. It is submitted that there is no recovery of illicit liquor from the conscious possession of the petitioner.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the submission that the alleged 25 litres of country made liquor has been recovered from an orchard of the village, the seizure list witnesses are the two constables only and the said orchard does not belong to the petitioner, he has otherwise no criminal antecedent, therefore, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Barhara P.S. Case No. 740 of 2023 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court 1st Bhojpur at Ara subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the

Patna High Court CR. MISC. No.35341 of 2024(2) dt.04-06-2024 3/3 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) guddu/arvindU T