Golu Singh @ Golu Prasant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44973 of 2024 Arising Out of PS. Case No.-220 Year-2024 Thana- SARAIYA District- Muzaffarpur ====================================================== GOLU SINGH @ GOLU PRASANT KUMAR SON OF NARENDRA SINGH RESIDENT OF VILL- AYODHPUR, P.S.- SARAIYA, DISTRICTMUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Divya Bharti, Adv.

For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2024 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 in connection with Saraiya PS Case No. 220/2024 for the offences punishable under Sections 272, 273, 34 of the IPC and 30(a), 32(2), 32(3), 36, 41(1), 41(2) of the Bihar Prohibition and Excise Act, 2018.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 1010.160 litres of liquor from a pickup vehicle. It is next submitted that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he is not the owner of the seized vehicle and came to be implicated based on confession statement of apprehended accused in police custody which does not have any evidenciary value. It is next submitted that the police in order to save the real culprits falsely implicated the petitioner taking advantage of

Patna High Court CR. MISC. No.44973 of 2024(2) dt.12-07-2024 2/2 his antecedent.

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

5. 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.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court-II, Muzaffarpur in connection with Saraiya P. S. Case No. 220/2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The application stands allowed.

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 more than two cases, in that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) perwez U T