Raju Nut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48321 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- KOTWA District- East Champaran ====================================================== Raju Nut S/o- Late Palita Nut Village- Nut tola W.No-3, Ps- Bhopatpur DistEast Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rashmi Jha, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :
Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-08-2024 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Kotwa (Bhopatpur) P.S. Case No. 62 of 2024 for the offence under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act lodged on 11.03.2024 by the informant, Aarzoo Summayya.
3. As per the prosecution story, the informant alleged that upon information, the house of the petitioner was raided and there is recovery of twenty liters of country-made liquor. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that it is a joint house, nothing has been recovered from his conscious possession and he do not have criminal antecedent.
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5. Learned APP opposes the prayer.
6. Taking into account the aforesaid submissions put forward by the parties as also the fact that there is no recovery from his conscious possession and he do not have criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. However, if it is found that the petitioner has criminal antecedent, the present order shall become infructuous.
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Special Judge, Excise Court No. 1, Motihari, East Champaran in connection with Kotwa (Bhopatpur) P.S. Case No. 62 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.48321 of 2024(2) dt.07-08-2024 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T