Phulan Choudhary @ Phulan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49351 of 2024 Arising Out of PS. Case No.-65 Year-2024 Thana- DHANSOI District- Buxar ====================================================== Phulan Choudhary @ Phulan S/O Yamuna Chouhdary R/O Village- Gosausi Dihra, P.S- Dhansoi, Distt.- Buxar (BIHAR).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-07-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 90 litres of liquor from a government land near a canal.

4.

Learned counsel for the petitioner submits that the 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 is accessible to public at large and does not belong to the petitioner. It is further submitted that

Patna High Court CR. MISC. No.49351 of 2024(2) dt.18-07-2024 2/3 he came to be implicated by the local people but then the FIR does not disclose the name of the person who disclosed the name of the petitioner, which casts an aspersion on the case of the prosecution. It is also submitted that recovery is from a government land as such it appears that in order to save the real culprit, the petitioner has been implicated in the instant case taking advantage of his antecedents.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dhansoi P.S. Case No. 65 of 2024 subject to the conditions as 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 antecedents of the petitioner and in the event if it is

Patna High Court CR. MISC. No.49351 of 2024(2) dt.18-07-2024 3/3 found that the petitioner has antecedent of more than three cases, in that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) SUMIT/- U T