Ashutosh Kumar @ Antu Singh @ Ashutosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54663 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- NAWANAGAR District- Buxar ====================================================== Ashutosh Kumar @ Antu Singh @ Ashutosh Kumar Singh Son of Late Chandrachud Singh @ Late Amrendra Singh R/O Vill.- Katiknar, P.s.- Nawanagar, Dist.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr.Kamal Deo Sharma, Advocate For the Opposite Party/s :

Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-08-2024 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 Sections 30(a) of the Bihar Prohibition and Excise Act in connection with Nawanagar P.S. Case No.81 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 11 liters of liquor from Dalan of the petitioner.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and Dalan is a place outside the house and is accessible to villagers at large. It is next submitted that it

Patna High Court CR. MISC. No.54663 of 2024(2) dt.06-08-2024 2/3 appears that someone is inimical to the family planted meagre amount of liquor in the Dalan of the petitioner from where recovery was made. It is also submitted no prudent person would use his own premises for committing an occurrence and thus would create evidence against himself and thus would get implicated.

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.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.2, Buxar in connection with Nawanagar P.S. Case No.81 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 found that petitioner has antecedent of more than one case, in

Patna High Court CR. MISC. No.54663 of 2024(2) dt.06-08-2024 3/3 that event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T