Patna High CourtCR. MISC./55907/2024bail granted

Gopal Kumar v. The State Of Bihar

2024-08-08Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55907 of 2024 Arising Out of PS. Case No.-188 Year-2024 Thana- TEGHRHA District- Begusarai ====================================================== 1.

Gopal Kumar, S/o Ganesh Mahto R/o vill - Ajgarbar, Binalpur, P.s. - Teghra, Distt - Begusarai 2.

Manish Kumar, S/o Ganesh Mahto R/o vill - Ajgarbar, Binalpur, P.s. - Teghra, Distt - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioners submits that the petitioners have antecedent of one case and the allegation is of recovery of 45 litres of liquor from the bank of Chimney Ghat.

4. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and even alleged

Patna High Court CR. MISC. No.55907 of 2024(2) dt.08-08-2024 2/3 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 local person. 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 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 their furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of Sri Rakesh Kumar Singh, the learned Exclusive Special Judge-1, Begusarai in connection with Teghra P. S. Case No.188 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 petitioners shall verify the

Patna High Court CR. MISC. No.55907 of 2024(2) dt.08-08-2024 3/3 criminal antecedent of the petitioners and in the event, if it is found that petitioners have antecedent of more than one case, in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T