Rambali Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43766 of 2024 Arising Out of PS. Case No.-532 Year-2023 Thana- KONCH District- Gaya ====================================================== Rambali Yadav, Son Of Late Lal Mohan Yadav @ Late Lal Mohan Yadav Village- Manoharpur, P.S.- Konch, Distt.- Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2024

1. Heard learned counsel for the petitioner and 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)(d) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 05 litres of liquor along with 440 kg of mahua pass from the husk house of the petitioner.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and

Patna High Court CR. MISC. No.43766 of 2024(2) dt.11-07-2024 2/3 husk house is a place which is outside the house and is accessible to villagers at large. It is further submitted that someone inimical to the petitioner might have planted meager amount of liquor in his husk houses in order to implicate him and his family members and thereafter based on secret information came to be implicated.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, abovenamed, 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. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.4, Gaya in connection with Konch P. S. Case No.532 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

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

Patna High Court CR. MISC. No.43766 of 2024(2) dt.11-07-2024 3/3 the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than two cases, in that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T