Bablu Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35796 of 2024 Arising Out of PS. Case No.-63 Year-2024 Thana- RAGHUNATHPUR District- Siwan ====================================================== BABLU PATEL SON OF MAHESH PATEL @ MAHESH KURMI RESIDENT OF VILLAGE - MURARPATTI, P.S. - RAGHUNATHPUR, DISTRICT - SIWAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-07-2024

1. Heard learned counsel for the petitioner and Mr. Rabindra Kumar learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of four cases.

4. Allegation is of recovery of 143 litres of liquor from three plastic sacks kept on a motorcycle.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized motorcycle and came to be implicated at the instance of the Chawkidar with whom petitioner is on an inimical term. It is further submitted that it appears that the Chawkidar in order to

Patna High Court CR. MISC. No.35796 of 2024(4) dt.18-07-2024 2/2 save the real culprits falsely implicated the petitioner taking advantage of his antecedent.

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

7. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Raghunathpur P.S. Case No. 63 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. However, the learned trial court, before accepting the bail bonds of the petitioner, shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of more than four cases in that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) Kundan/- U T