Raman Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38858 of 2024 Arising Out of PS. Case No.-93 Year-2024 Thana- BIHPUR District- Bhagalpur ====================================================== Raman Jha son of Chhotelal Jha Village PO-Bhramarpur Ps- Bihpur DistBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-06-2024

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 six cases and allegation is of recovery of 69.375 liters of liquor from a place behind the house 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 does not belong to the petitioner and is accessible to public at large and he came to be implicated based on the confessional statement of Suraj in police custody

Patna High Court CR. MISC. No.38858 of 2024(2) dt.27-06-2024 2/3 which does not have any evidentiary value.

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. 30,000/- (Rupees Thirty 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 Bihpur P.S. Case No. 93 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, it is made clear 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 six cases in that event, the present anticipatory bail order shall not be given effect to.

8. At this stage, the learned counsel for the petitioner seeks permission to make rectification at Para-9 of the anticipatory bail application.

Patna High Court CR. MISC. No.38858 of 2024(2) dt.27-06-2024 3/3

9. Permission is accorded.

(Satyavrat Verma, J) Shivam/- U T