Prem Kumar @ Prem Raj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44634 of 2024 Arising Out of PS. Case No.-533 Year-2023 Thana- PATNA CITY CHOWK District- Patna ====================================================== PREM KUMAR @ PREM RAJ SAH S/O RAM PRASAD Resident of Mohalla- Hiranand Sah ki Gali ,P.S- Chowk, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, 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 Chowk PS Case No. 533/2023 for the offences punishable under Sections 30(a)/37 of the Bihar Prohibition and Excise (Amendment) Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 2.7 litres of liquor from a scooty. It is next submitted that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated in the instant case based on the fact that he is owner of the scooty. It is further submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create an evidence against himself and hence would get implicated. It is also submitted that petitioner was completely unaware that Vikash Kumar would

Patna High Court CR. MISC. No.44634 of 2024(2) dt.12-07-2024 2/2 misuse the vehicle in the manner as alleged who was also apprehended on the spot.

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.10,00/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise, Patnacity in connection with Chowk P. S. Case No. 533/2023, 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