Wakil Mushar @ Wakil Ram @ Sadhu Mushar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38047 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- AGIAON BAZAR District- Bhojpur ====================================================== 1.
WAKIL MUSHAR @ WAKIL RAM @ SADHU MUSHAR S/O LATE SUDHAR MUSHAR R/O VILLAGE- SUGGIBAL, MUSHAR TOLI, P.SAGIYAN BAZAR, DISTT.- BHOJPUR. 2.
SURESH MUSHAR @ SURESH RAM S/O LATE SUDHAR MUSHAR R/O VILLAGE- SUGGIBAL, MUSHAR TOLI, P.S- AGIYAN BAZAR, DISTT.- BHOJPUR.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Malti Kumari, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-06-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their 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 petitioners submits that petitioners are persons with clean antecedent.
4. Allegation is of recovery of 60 litres of liquor from a place outside the house of the petitioners and 80 litres of liquor from a Mushar Toli.
5. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.38047 of 2024(2) dt.27-06-2024 2/2 recovery is from a place which does not belong to the petitioners and is accessible to public at large. It is further submitted that name of the petitioners transpired based on suspicion as the alleged recovery was from a place which is adjacent to their house.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
7. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) each 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 Agion Bazar P.S. Case No. 25 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 petitioners, shall verify the criminal antecedent of the petitioners and if it is found that petitioners have antecedent of even one case in that event the present anticipatory bail order shall not be given effect to.
(Satyavrat Verma, J) Kundan/- U T