Dilen Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43537 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- BHAPTIAHI District- Supaul ====================================================== Dilen Yadav S/o Brahamdev Yadav R/o vill - Chandpipar, ward no. 12, P.s. - Bhaptiyahi, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Ms.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act in connection with Bhaptiyahi P.S. Case No.15 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 108 liters of liquor from a sack.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged sack does not belong to the

Patna High Court CR. MISC. No.43537 of 2024(2) dt.02-08-2024 2/3 petitioner and he came to be implicated at the instance of local person, but then submits that it absolutely does not stand to reason that if local person was aware of the involvement of the petitioner in the occurrence then why he did not inform the police, prior to institution of the instant F.I.R., which casts an aspersion on the case of prosecution. It is also submitted that police in majority of the cases either at the instance of Chowkidar or local person in mechanical manner.

5. The learned APP for the State 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.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.01, Supaul in connection with Bhaptiyahi P.S. Case No.15 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the

Patna High Court CR. MISC. No.43537 of 2024(2) dt.02-08-2024 3/3 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.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T