Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53040 of 2024 Arising Out of PS. Case No.-994 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== Deepak Kumar Son of Baiju Singh Resident of village - Bajitpur Kodriya, P.S.- Kudhani (Turki O.P.), District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2024 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 offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 16 litres of liquor from possession of Prabhaushu Kumar and 84 litres of liquor from a place behind the house of the petitioner.

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

Patna High Court CR. MISC. No.53040 of 2024(2) dt.02-08-2024 2/3 recovery of 84 litres of liquor is from a place which is accessible to public at large and does not belong to the petitioner. It is next submitted that he came to be implicated based on confessional statement of Prabhanshu in police custody which does not have any evidentiary value. It is also submitted that he has no concern or relation with Prabhanshu. 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. 10,000/- (Rupees Ten 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 Muzaffarpur Excise P.S. Case No. 994 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 found that the petitioner has antecedent of more than two cases,

Patna High Court CR. MISC. No.53040 of 2024(2) dt.02-08-2024 3/3 in that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) SUMIT/- U T