Kanhaiya Chaudhary @ Kanhaiya Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46729 of 2024 Arising Out of PS. Case No.-99 Year-2024 Thana- MANJHAGARH District- Gopalganj ====================================================== Kanhaiya Chaudhary @ Kanhaiya Pasi, S/O- Late Sudama Chaudhary @ Shudama Chaudhary R/O- Vill.- Purani Bazar Manjha, P.S.- Manjhagarh, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2024

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) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 06 litres of liquor from a road near the house of the petitioner and 20 litres of liquor from a bush behind the house of Bare Lal Ram.

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 even alleged

Patna High Court CR. MISC. No.46729 of 2024(2) dt.20-07-2024 2/3 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 Chaukidar with whom he is on an inimical term. It is next submitted that police in majority of cases implicating innocent persons either at the behest of Chaukidar or local person, which cast an aspersion of the case of the prosecution as implication appears to be mechanical.

5. Learned A.P.P. 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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-XIII-cumSpecial Excise Court No.1, Gopalganj in connection with Manjhagarh P. S. Case No.99 of 2024, 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 the

Patna High Court CR. MISC. No.46729 of 2024(2) dt.20-07-2024 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 application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T