Satyendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44211 of 2023 Arising Out of PS. Case No.-224 Year-2023 Thana- NAVINAGAR District- Aurangabad ====================================================== Satyendra Ram S/O Padum Ram R/O Village- Kanker, Ps. Nabinagar Badem O.P., Dist. Aurangabad (BIHAR) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Aman Vishal, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Nabinagar P.S. Case No- 224 of 2023 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition Excise (Amendment) Act, 2018. He has got one criminal antecedent.

3. Learned counsel for the petitioner submits that 4 litres of mahua liquor has been recovered from an underconstructed house and the petitioner somehow managed to escape due to darkness.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that nothing has been recovered

Patna High Court CR. MISC. No.44211 of 2023(2) dt.04-08-2023 2/3 from the alleged possession of the petitioner.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the submission that four litres of illicit liquor has been recovered from a house which is under-construction and the petitioner is not in control of the house, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Nabinagar Badem P.S. Case No- 224 of 2023 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.- I, Aurangabad (Bihar), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned

Patna High Court CR. MISC. No.44211 of 2023(2) dt.04-08-2023 3/3 order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) tusharika/- U T