Chapru Sada @ Asharfi Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51704 of 2024 Arising Out of PS. Case No.-39 Year-2024 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Chapru Sada @ Asharfi Sada Son of Late Pragas Das @ Ram Pragas Sada R/o Village- Mahiuddinpur Rajwa, P.O.- Bangra, P.S.- N.H. Bangra, DistrictSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Kumar For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-08-2024

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 Section 30(a) of Bihar Prohibition and Excise Act, 2022.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 6 litres of liquor from hut of the petitioner. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even the hut situated behind the house of the petitioner, as such, it is being alleged that the hut belongs to the petitioner. It is further submitted that the police in a mechanical manner implicates innocent person either at the instance of chowkidar or local

Patna High Court CR. MISC. No.51704 of 2024(2) dt.05-08-2024 2/2 person without holding proper investigation.

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.500/- (Rupees five hundred) 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 N.H. Bangra P.S. Case No.39/2024, 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 even one case, in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) amit/- U T