Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37964 of 2025 Arising Out of PS. Case No.-102 Year-2025 Thana- GURUA District- Gaya ====================================================== Rajesh Kumar S/o Naresh Paswan Resident of Village- Habibpur, P.S.- Gurua, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-06-2025

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 offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 38.28 litres of liquor from concealed in a sack from a field. It is next submitted that 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, further petitioner is not the owner of the field from where the liquor was recovered and he came to be implicated at the

Patna High Court CR. MISC. No.37964 of 2025(2) dt.25-06-2025 2/3 instance of local person but then it is submitted that police mechanically implicates if an accused is earlier implicated in a case relating to excise without holding proper investigation.

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

5. 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 provisional anticipatory bail on furnishing bail bonds of Rs.5000/- (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 Gurua P.S. Case No. 102/2025, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than one case, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of one

Patna High Court CR. MISC. No.37964 of 2025(2) dt.25-06-2025 3/3 case, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) amit/- U T