Birendra Thakur @ Laddu Goptal @ Laddu Gopal Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42327 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- SIMRI District- Darbhanga ====================================================== Birendra Thakur @ Laddu Goptal @ Laddu Gopal Thakur, Son Of Abhay Thakur Resident Of Village - Kansi, P.S. - Simri, District - Darbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Krishna Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) and 37 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 1.875 litres of liquor from a thatched hut.

4. The 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 hut from where the alleged recovery was made and he came to be implicated at the instance of Durganand Jha and Bambam Jha in police custody, which does not have any evidentiary value.

Patna High Court CR. MISC. No.42327 of 2024(2) dt.05-07-2024 2/3

5. Learned A.P.P. opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-IInd, Excise Act, Darbhanga in connection with Simri P. S. Case No.55 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that 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 one case, in that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T

Patna High Court CR. MISC. No.42327 of 2024(2) dt.05-07-2024 3/3