Jaishankar Tiwari @ Jai Shankar Kumar Tiwari @ Parmendra Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53332 of 2024 Arising Out of PS. Case No.-148 Year-2024 Thana- BARAULI District- Gopalganj ====================================================== Jaishankar Tiwari @ Jai Shankar Kumar Tiwari @ Parmendra Kumar Tiwari Son of Dharm Nath Tiwari R/O Vill.- Bhadkuiyam, P.s.- Barauli, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Shukla, Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2024

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 Barauli P.S. Case No.148 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 388.8 liters of liquor from a Scorpio vehicle.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated at the instance of Chowkidar. It is next submitted police in majority of the cases implicates either at the

Patna High Court CR. MISC. No.53332 of 2024(2) dt.30-08-2024 2/3 instance of the 'Chowkidar', local person, secret information or confessional statement in a mechanical manner without holding proper investigation. It is also submitted that once a person is implicated in a case relating to excise, in that event the police starts implicating mechanically and at times to save the real culprits.

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.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge, XIIIth -cum- Special Excise Court No.I, Gopalganj in connection with Barauli P.S. Case No.148 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 three cases, in

Patna High Court CR. MISC. No.53332 of 2024(2) dt.30-08-2024 3/3 that event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T