Dilip Kumar @ Dilip Kumar Sah @ Dileep Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49993 of 2024 Arising Out of PS. Case No.-119 Year-2024 Thana- KARJA District- Muzaffarpur ====================================================== Dilip Kumar @ Dilip Kumar Sah @ Dileep Kumar Sah, S/O Badri Sah R/O Village- Rautaniya ( Rautniya), P.S- Karja, Distt.- Muzaffarpur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Ms.Nitu Kumari For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2024

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 Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of four cases and the allegation is of recovery of 90 litres of liquor from a maize field.

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

Patna High Court CR. MISC. No.49993 of 2024(2) dt.25-07-2024 2/3 even alleged recovery is from a place, which does not belong to the petitioner and is accessible to public at large and he came to be implicated at the instance of Chaukidar with whom he is on an inimical term.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, abovenamed, 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. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Court-II, Muzaffarpur in connection with Karja P. S. Case No.119 of 2024, 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

Patna High Court CR. MISC. No.49993 of 2024(2) dt.25-07-2024 3/3 the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than four cases, in that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T