Ravindra Kumar @ Pappu Yadav @ Pappu Kumar Ya. @ Ravindra Ku. Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48122 of 2024 Arising Out of PS. Case No.-546 Year-2023 Thana- GURUA District- Gaya ====================================================== Ravindra Kumar @ Pappu Yadav @ Pappu Kumar Ya. @ Ravindra Ku. Yadav, Son Of Naresh Yadav Village- Jogiya @ Yogiya, P.S.- Gurua Distt.- Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Durgesh Nandan For the Opposite Party/s :

Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2024

1. 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 for the offences punishable under Sections 30(a) and 30(d) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 150 litres of liquor along with 1500 litres of jawa mahua from a place near foothills of Chalho hills.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even alleged recovery is from a place, which does not belong to the petitioner

Patna High Court CR. MISC. No.48122 of 2024(2) dt.30-08-2024 2/3 and is accessible to public at large and he came to be implicated based on secret information, which is the easiest way to implicate someone. It is next submitted that police at times in order to save the real culprits implicates innocent persons taking aid of secret information, when admittedly petitioner is a person with clean antecedent.

5. Learned A.P.P. 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.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.- V, Gaya in connection with Gurua P. S. Case No.546 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. 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

Patna High Court CR. MISC. No.48122 of 2024(2) dt.30-08-2024 3/3 found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T