Raghunath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40322 of 2024 Arising Out of PS. Case No.-236 Year-2024 Thana- Excise P.S. District- Gopalganj ====================================================== Raghunath Prasad Son of Late Prahlad Prasad Resident of Mohalla- Chandra Gokhula Road, Ward no. 17, P.S.- nagar, Dist.- Gopalganj ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Dwivedi, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-06-2024

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 one case and allegation is of recovery of 12.420 liters of liquor from a place adjacent to the house of the petitioner allegedly thrown by his wife Amlawati.

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 adjacent to his house but then does not belong to him and he came to be implicated merely on suspicion as the recovery was from a place adjacent to his house

Patna High Court CR. MISC. No.40322 of 2024(2) dt.25-06-2024 2/2 and the police forcefully got his wife confess about the participation of the petitioner in the occurrence.

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. 5,000/- (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 Gopalganj Excise P.S. Case No. 236 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 one case in that event, the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) shivam/- U T