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Patna High CourtCR. MISC./38072/2025bail granted

Saurav Kumar @ Faltu v. The State Of Bihar

2025-06-25Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38072 of 2025 Arising Out of PS. Case No.-807 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== Saurav Kumar @ Faltu S/o Anil Singh R/o Village- Near Pura Halt, Pura, P.S.- Wazirganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivek Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-06-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Wazirganj P.S. Case No. 807 of 2024 for the offence registered under sections 30(a) of Bihar Prohibition and Excise Act lodged on 27.10.2024.

3. As per the prosecution story, the informant alleged that the information came that a Bolero car has met with an accident and it is containing liquor in it. Upon visit, 1000 litres country made liquor recovered/seized, which led to the FIR.

4. Learned Counsel for the petitioner submits that neither he has criminal antecedent nor the Bolero belongs to him, only because of local enmity, named. He shall be diligently appearing in trial.

Patna High Court CR. MISC. No.38072 of 2025(2) dt.25-06-2025 2/3

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that the locals have named him.

6. Considering the submissions of the parties as also the fact that he has no criminal antecedent and the car does not belong to him, in that background, this Court is inclined to grant him the anticipatory bail with conditions.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Court No. 05, Gaya in connection with Wazirganj P.S. Case No. 807 of 2024 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;

(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;

Patna High Court CR. MISC. No.38072 of 2025(2) dt.25-06-2025 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(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 the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T