Suresh Kumar @ Suresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33960 of 2024 Arising Out of PS. Case No.-409 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== Suresh Kumar @ Suresh Rai Son of Mahendra Rai Resident of village - Adam Chhapra, P.S.- Ahiyapur, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-05-2024

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 Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act in connection with Muzaffarpur Excise P.S. Case No.409 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 1988.25 liters of liquor from a container.

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.33960 of 2024(2) dt.13-05-2024 2/3 possession and is neither the owner nor the driver of the seized container 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.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.II, Muzaffarpur in connection with Muzaffarpur Excise P.S. Case No.409 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 one case, in

Patna High Court CR. MISC. No.33960 of 2024(2) dt.13-05-2024 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