Dhram Nath Yadav @ Chandi @ Dhram Nath Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48970 of 2024 Arising Out of PS. Case No.-165 Year-2024 Thana- KESARIA District- East Champaran ====================================================== Dhram Nath Yadav @ Chandi @ Dhram Nath Ray S/o- Jagdish Ray VillageKadhan Ps- Kesariya Dist- E.Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2024

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 offence punishable under Sections 272, 273, 414 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 95.40 litres of liquor from a sack kept behind the house of petitioner and 12.6 of litres from a motorcycle parked in the courtyard of Ashok Yadav. It is next submitted 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.48970 of 2024(2) dt.24-07-2024 2/3 and is accessible to public at large and he came to be implicated at the instance of local villager. It is next submitted that if the villager was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to institution of the instant case, which casts an aspersion on the case of the prosecution.

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

5. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees five 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 Kesariya P.S. Case No.165/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. 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 found that petitioner has antecedent of more than one case, in

Patna High Court CR. MISC. No.48970 of 2024(2) dt.24-07-2024 3/3 that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) amit/- U T