Uma Musahar @ Uma Shankar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37332 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- PIRO District- Bhojpur ====================================================== Uma Musahar @ Uma Shankar Ram S/O Arun Musahar R/O Village- Tilath, P.S- Piro, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-06-2024 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 is a person with clean antecedent and allegation is of recovery of 29 litres of liquor from a place near the primary School, Tilath.

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 and does not belong to the petitioner. It is next submitted that he

Patna High Court CR. MISC. No.37332 of 2024(2) dt.24-06-2024 2/3 came to be implicated at the instance of Chowkidar with whom he is on an inimical term. It is also submitted that if the Chowkidar was aware about the involvement of the petitioner, why he did not inform the police prior to institution of the instant FIR, which casts an aspersion on the case of the prosecution.

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. 500/- (Rupees Five Hundred) 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 Piro P.S. Case No. 84 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 found that the petitioner has antecedent of even one case in that

Patna High Court CR. MISC. No.37332 of 2024(2) dt.24-06-2024 3/3 event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) SUMIT/- U T