Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45866 of 2024 Arising Out of PS. Case No.-132 Year-2024 Thana- SIMRI District- Buxar ====================================================== PRINCE KUMAR SON OF RAJENDRA KORI @ RAJENDRA KOIRI @ RAJINDRA KOIRI RESIDENT OF VILLAGE - DESARI DIH, P.S. - INDUSTRIAL, DISTRICT - BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwanand Upadhyay, Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 in connection with Simari P.S. Case No.132 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 30 liters of liquor from a sack alleged thrown by the petitioner.

4. It is next submitted that petitioner was not arrested

Patna High Court CR. MISC. No.45866 of 2024(2) dt.18-07-2024 2/3 from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a sack which does not belong to the petitioner and he came to be implicated at the instance of 'Chowkidar' with whom he is on inimical term. It is also submitted that police in majority of the cases implicates mechanically either at the instance of the Chowkidar or local person.

5. The learned APP for the State opposes the anticipatory bail application.

6. 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.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court No.2, Buxar in connection with Simari P.S. Case No.132 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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 one case, in

Patna High Court CR. MISC. No.45866 of 2024(2) dt.18-07-2024 3/3 that event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T