Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50323 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Chandan Kumar Son of Late Mahendra Sah Resident of Vill- Masum Nagar @ Prem Nagar, P.S.- Garha @ Gadha @ Dadha, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2024

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 Runnisaidpur P.S. Case No.156 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 33 liters of liquor from two plastic sacks allegedly thrown by the accused persons who fled.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious

Patna High Court CR. MISC. No.50323 of 2024(2) dt.25-07-2024 2/3 possession and even alleged recovery is from a place which does not belong to the petitioner and petitioner has no concern with the sack in question and he came to be implicated at the instance of 'Chowkidar' with whom he is on inimical term. It is next submitted that it appears that the Chowkidar in order to save the real culprits falsely implicated the petitioners taking advantage of his antecedents.

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.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-I, Sitamarhi in connection with Runnisaidpur P.S. Case No.156 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

Patna High Court CR. MISC. No.50323 of 2024(2) dt.25-07-2024 3/3 found that petitioner has antecedent of more than two cases, in that event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T