Patna High CourtCR. MISC./56026/2024bail granted

Surendra Sardar v. The State Of Bihar

2024-08-08Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56026 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- PIPRA District- Supaul ====================================================== SURENDRA SARDAR S/O LATE AGAM LAL SARDAR R/O VILLAGEJHITKIYAHI, WARD NO.-15, P.S- PIPRA, DISTT.- SUPAUL. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrit Abhijat, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2024

1. 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 Section 30(a) of the Bihar Prohibition and Excise Act in connection with Pipra P.S. Case No.42 of 2024.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 15 liters of liquor kept under a kiosk of the petitioner, apart from other recoveries as alleged in the FIR.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious

Patna High Court CR. MISC. No.56026 of 2024(2) dt.08-08-2024 2/3 possession. It is also submitted that police in a mechanical manner implicated the petitioner without holding proper a investigation. It is next submitted that a specific pleading has been made in the anticipatory bail application that petitioner has no concern with the kiosk in question from where the alleged recovery was made.

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.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.I, Supaul in connection with Pipra P.S. Case No.42 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 even one case, in that

Patna High Court CR. MISC. No.56026 of 2024(2) dt.08-08-2024 3/3 event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T