Ramesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43214 of 2024 Arising Out of PS. Case No.-251 Year-2024 Thana- SONEPUR District- Saran ====================================================== Ramesh Rai S/o Late Madani Rai R/o Village-Kakra Chilaw, P.S.-Sonepur, District-Saran, Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Nandan Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-07-2024

1. 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 Sonepur P.S. Case No.251 of 2024.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 100 liters of liquor from a place near a wheat field.

4. It is next submitted that petitioner was not arrested

Patna High Court CR. MISC. No.43214 of 2024(2) dt.08-07-2024 2/3 from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated at the instance of Chowkidar with whom his brother are on an inimical term.

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.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-II, Saran at Chapra in connection with Sonepur P.S. Case No.251 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 criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given

Patna High Court CR. MISC. No.43214 of 2024(2) dt.08-07-2024 3/3 effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T