Patna High CourtCR. MISC./59798/2024bail granted

Pratap Sah @ Pratpi Kumar Sah v. The State Of Bihar

2024-09-09Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59798 of 2024 Arising Out of PS. Case No.-338 Year-2023 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Pratap Sah @ Pratpi Kumar Sah, S/o Praduman Sah, R/o vill - Ghoypatti Gorghtta, P.S. - Bahadurpur, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashad For the Opposite Party/s :

Mr.Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-09-2024

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 is a person with clean antecedent and the allegation is of recovery of 180 litres of liquor from a car.

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 is not the owner of the seized car and he came to be implicated

Patna High Court CR. MISC. No.59798 of 2024(2) dt.09-09-2024 2/3 based on confessional statement of Pravesh Yadav in police custody, which does not have any evidentiary value.

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.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IInd-cum-Special Judge, Excise Act, Madhubani in connection with G.R. No.1465 of 2023 arising out of Town P. S. Case No.338 of 2023, 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 the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case,

Patna High Court CR. MISC. No.59798 of 2024(2) dt.09-09-2024 3/3 in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T