Bhola Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61392 of 2024 Arising Out of PS. Case No.-789 Year-2021 Thana- DANAPUR District- Patna ====================================================== Bhola Rai Son of Amar Nath Ray Resident of Village- Police Colony Road No. 2, Pachuchak, P.S.- Danapur, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of four cases and allegation is of recovery of 77 litres of liquor from a car and 25.92 litres from a cow-shed. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized car and even alleged recovery is from a place which does not belong to the petitioner and he came to be implicated at the instance of local people. It is also submitted that police in majority of the cases

Patna High Court CR. MISC. No.61392 of 2024(2) dt.23-08-2024 2/3 implicates either at the instance of chowkidar, local person, secret information or confessional statement without holding proper investigation in a mechanical manner. It is also submitted that once an accused is implicated in a case relating to liquor, the police starts implicating mechanically and at times to save the real culprit.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) 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 Danapur P.S. Case No.789/2021, 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 petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than four cases, in

Patna High Court CR. MISC. No.61392 of 2024(2) dt.23-08-2024 3/3 that event, the present anticipatory bail order shall not be given effect to.

7. Today, altogether 24 cases relating to excise were taken up. In 24 cases, there were 24 petitioners, out of which, 13 petitioners were persons with clean antecedent. Further, in 13 cases, the recovery is less than 30 litres of liquor, further in few cases, the recovery was in between 1 litre to 10 litres, as such, the total amount of liquor alleged to have been seized is 3902.88 litres along with 10350 litres of Jawa Mahua. (Satyavrat Verma, J) amit/- U T