Dilip Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38069 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- BHAWANIPUR District- Purnia ====================================================== Dilip Uraon s/o Late Ramdeo Uraon R/o vill - Teliyari Dhangrassi, ward no. 8, P.S.- Bhawanipur, Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-06-2025 Heard the parties.

2. The petitioner is apprehending arrest in connection with Bhawanipur P.S. Case No. 57 of 2025 instituted under Sections 30(A), 34, 36, 41(1) of the Bihar Prohibition and Excise Act, 2016 lodged on 10.03.2025 by the informant, Shambhu Prasad.

3. As per the prosecution story, the informant alleged that on secret information, the kitchen of the petitioner was raided and there is recovery/seizure of 10 liters of country made wine while another house was also raided that of Shailendra Choudhary and there is recovery/seizure of 15 liters of country made liquor. This led to the FIR.

4. Learned counsel for the petitioner submits that in his absence, 'the Chowkidar' due to mala fide intention

Patna High Court CR. MISC. No.38069 of 2025(2) dt.25-06-2025 2/3 informed the Police and allegation has come that it has been recovered/seized from his kitchen. The petitioner has no criminal antecedent and if granted relief, he shall be diligently appearing in trial.

5. Learned APP opposes the prayer.

6. Considering the submissions of the parties as also that the petitioner has no criminal antecedent, an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Bhawanipur P.S. Case No. 57 of 2025 to the satisfaction of learned Exclusive Special Judge, Excise Court No.2, Purnea subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

Patna High Court CR. MISC. No.38069 of 2025(2) dt.25-06-2025 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T