Chunnilal Sah @ Bunnilal Sah @ Bunni Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53031 of 2024 Arising Out of PS. Case No.-187 Year-2024 Thana- GOVINDGANJ District- East Champaran ====================================================== Chunnilal Sah @ Bunnilal Sah @ Bunni Sah, S/O Late Rama Sah @ Shama Sah R/O Village- Sirni Belhi, P.S- Govindganj (MALAHI), Distt.- East Champaran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Binay Kant Mani Tripathi For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2024

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 05 litres of liquor from a bush behind the house of Maushmi Devi and 07 litres of liquor from a bush from a place behind the house of the petitioner.

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 even alleged

Patna High Court CR. MISC. No.53031 of 2024(2) dt.02-08-2024 2/3 recovery is from a place, which does not belong to the petitioner and is accessible to public at large, but then, is adjacent to his house and he came to be implicated at the instance of local people. It is next submitted that police in majority of cases implicating innocent persons either at the behest of Chaukidar or local person, which cast an aspersion of the case of the prosecution as implication appears to be mechanical.

5. Learned A.P.P. 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.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, East Champaran, Motihari in connection with Govindganj (Malahi) P. S. Case No.187 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 the

Patna High Court CR. MISC. No.53031 of 2024(2) dt.02-08-2024 3/3 criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T