Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58165 of 2024 Arising Out of PS. Case No.-315 Year-2023 Thana- SIRDALA District- Nawada ====================================================== 1.

VIKASH KUMAR SON OF DEVKAL YADAV Resident of Village- Bagai, P.S. Fatehpur, District- Gaya.

2.

UPENDRA KUMAR @ UPENDRA YADAV SONOF LALU YADAV Resident of Village- Bagai, P.S. Fatehpur, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-08-2024

1. Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act in connection with Sirdalla (Meskaur OP) P.S. Case No.315 of 2023.

3. The learned counsel for the petitioners submit that inadvertently at para-3 it has been pleaded that petitioner no.2 is a person with clean antecedent when he has antecedent of three cases and petitioner no.1 is a person with clean antecedent and the allegation is of recovery of 315 liters of liquor from three motorcycles.

Patna High Court CR. MISC. No.58165 of 2024(2) dt.14-08-2024 2/3

4. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and they are not owner of any of the seized motorcycle and they came to be implicated based on confessional statement of apprehended accused in police custody which does not have any evidentiary value. It is also submitted that police at times in order to save the real culprits falsely implicates those who have antecedents.

5. The learned APP for the State opposes the anticipatory bail application.

6. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.15,000 /- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-I, Nawada in connection with Sirdalla (Meskaur OP) P.S. Case No.315 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. However, the learned trial court before accepting the bail bonds of the petitioners shall verify the criminal

Patna High Court CR. MISC. No.58165 of 2024(2) dt.14-08-2024 3/3 antecedent of the petitioners and in the event, if it is found that petitioner no.1 has antecedent of even one case and petitioner no.2 has antecedent of more than three cases, in that event, the present anticipatory bail order shall not be given effect to.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T