Bachchal Rajbhar @ Bachal Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36288 of 2024 Arising Out of PS. Case No.-80 Year-2024 Thana- RAJPUR District- Buxar ====================================================== Bachchal Rajbhar @ Bachal Rajbhar Son of Lalita Rajbhar Resident of Village - Jaitpura, P.S.- Rajpur, District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kumar Ojha For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-06-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 3.96 litres of liquor concealed under the straw in the field of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which is accessible to public at large. It is next submitted that no prudent person would use his own field

Patna High Court CR. MISC. No.36288 of 2024(2) dt.25-06-2024 2/3 for committing an occurrence and thus would create evidence against himself and hence would get implicated, it is further submitted that field is an open place and is accessible to public at large and it may be a possibility that someone inimical to the petitinoer got meagre amount of liquor planted in the field of the petitioner in order to implicate petitioner and his family members.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rajpur P.S. Case No. 80 of 2024 subject to the conditions as 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 antecedents of the petitioner and in the event if it is

Patna High Court CR. MISC. No.36288 of 2024(2) dt.25-06-2024 3/3 found that the petitioner has antecedent of more than one case, in that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) shivam/- U T