Abhimanyu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34684 of 2024 Arising Out of PS. Case No.-63 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== 1.

Abhimanyu Kumar, S/O Parmanand Prasad R/O Village- Dumariya, P.SBairiya, Distt.- West Champaran. 2.

Buchi Prasad, S/O Dashrath Prasad R/O Village- Dumariya, P.S- Bairiya, Distt.- West Champaran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Ms.Bharti Rai For the Opposite Party/s :

Mr.Chandra Bhushan Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-05-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 272 and 273 of the I.P.C. and Section 30(a) of the Excise Act.

3. The learned counsel for the petitioners submits that the petitioner no.1 has antecedent of two cases and petitioner no.2 has antecedent of one case and the allegation is of recovery of 67.680 litres of liquor from a motorcycle.

4. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.34684 of 2024(2) dt.08-05-2024 2/3 recovered from their conscious possession and are not the owner of the seized motorcycle. It is further submitted that they came to be implicated at the instance of Chaukidar and spy with whom they are on an inimical term. It is next submitted that it appears that the Chaukidar in order to save the real culprit falsely implicated the petitioners.

5. Learned A.P.P. Sri Chandra Bhushan Prasad opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Bettiah, West Champaran in connection with Bairiya P. S. Case No.63 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that the learned trial Court before accepting the bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event, if it is

Patna High Court CR. MISC. No.34684 of 2024(2) dt.08-05-2024 3/3 found that petitioner no.1 has antecedent of more than two cases and petitioner no.2 has antecedent of more than one case, in that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T