Piyush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50245 of 2024 Arising Out of PS. Case No.-195 Year-2024 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Piyush Kumar Son of Rajaram Mandal R/O J.P. Colony, Ward no. 14, P.S.- Madhubani Town, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Singh, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2024

1. 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 in connection with Madhubani P.S. Case No.195 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 247.140 liters of liquor from a magic van.

4. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and he came to be implicated in the instant case based on confessional statement of apprehended accused in police custody which does not have any evidentiary value.

Patna High Court CR. MISC. No.50245 of 2024(2) dt.20-07-2024 2/2

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 Additionalal Sessions Judge,II-cumSpecial Judge, Excise Act, Madhubani in connection with Madhubani P.S. Case No.195 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 that event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T