Satyendra Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43249 of 2023 Arising Out of PS. Case No.-165 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Satyendra Patel, S/O Dhodha Patel @ Dura Patel, R/O Village- Sathiauta, P.S. Bhagwanpur, Dist. Vaishali ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jain, Advocate For the Opposite Party/s :

Mr.Asha Kumari, 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 Lalganj P.S. Case No. 165 of 2023 registered for the offences punishable under Sections 30(a) Bihar Prohibition and Excise Amendment Act, 2018. He has got one criminal antecedent in which he said to be on bail.

3. Learned counsel for the petitioner submits that the informant alleged that during night patrolling he got secret information that the accused persons named in the FIR including this petitioner are involved in unloading liquor from the Magic Vehicle in front of the hut of Uday Rai at VillageEtwarpur, Sisaula. The informant reached at the given place where three persons standing there started escaping and they manager to escape. In that course, some persons assembled

Patna High Court CR. MISC. No.43249 of 2023(2) dt.04-08-2023 2/3 there and among them, one person disclosed the name of accused persons who managed to escape. The informant recovered altogether 179.265 litre of illicit liquor from the Mahindra Maximo Plus Vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case.

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

6. Having regard to the submission on behalf of the petitioner that the alleged recovery has not been made from the house of the petitioner, the seizure list witnesses are police personnel and he has been allegedly identified by local persons, 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 Lalganj P.S. Case No. 165 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 Exclusive Special Excise Court No-I, Vaishali, at Hajipur, 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

Patna High Court CR. MISC. No.43249 of 2023(2) dt.04-08-2023 3/3 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 order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

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