Dinesh Nut @ Dineshware Nut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60386 of 2024 Arising Out of PS. Case No.-746 Year-2023 Thana- MADHAURAH District- Saran ====================================================== 1.
DINESH NUT @ DINESHWARE NUT Son of Late Saral Nut R/VMIRJAPUR BAJITBHORHA, P.S.- MARHOWRAH, DISTT.- SARAN AT CHAPRA 2.
BALA KUMAR NUT SON OF DINESH NUT R/V- MIRJAPUR BAJITBHORHA, P.S.- MARHOWRAH, DISTT.- SARAN AT CHAPRA 3.
BHIMBALI NUT SON OF DINESH NUT R/V- MIRJAPUR BAJITBHORHA, P.S.- MARHOWRAH, DISTT.- SARAN AT CHAPRA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabindra Tiwary For the Opposite Party/s :
Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-08-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 332, 333, 353 of the I.P.C. & Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that petitioner no.1 and 3 have antecedent of one case and the petitioner no.2 has antecedent of two cases and allegation is of recovery of 75 litres of liquor from a bush near a canal. It is next submitted that petitioners were not arrested from the spot
Patna High Court CR. MISC. No.60386 of 2024(2) dt.31-08-2024 2/3 as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioners and is accessible to public at large and they came to be implicated at the instance of chowkidar and villagers. It is also submitted that police in majority of the cases implicates either at the instance of chowkidar, local person, secret information or confessional statement without holding proper investigation in a mechanical manner.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each 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 Marhowrah P.S. Case No.746/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. It is made clear that the learned trial court before accepting the bail bonds of the petitioners shall verify the
Patna High Court CR. MISC. No.60386 of 2024(2) dt.31-08-2024 3/3 criminal antecedents of the petitioners and in the event if it is found that petitioner no.1 and 3 have antecedent of more than one case and petitioner no.2 has antecedent of more than two cases, in that event, the present anticipatory bail order shall not be given effect to.
(Satyavrat Verma, J) amit/- U T