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Patna High CourtCR. MISC./64036/2024bail granted

Prabhu Rajwar v. The State Of Bihar

2024-09-04Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64036 of 2024 Arising Out of PS. Case No.-136 Year-2024 Thana- TILAUTHU District- Rohtas ====================================================== 1.

Prabhu Rajwar Son of Krishana Rajwar Resident of Village - Radiya (Ranvia), Police Station - Tilothu, District - Rohtas. 2.

Chandan Rajwar @ Chandan Kumar Son of Ramchandra Rajwar Resident of Village - Radiya (Ranvia), Police Station - Tilothu, District - Rohtas. 3.

Lav Rajwar Son of Sarju Rajwar Resident of Village - Radiya (Ranvia), Police Station - Tilothu, District - Rohtas.

4.

Prem Rajwar @ Arun Kumar Son of Jokhan Rajwar Resident of Village - Radiya (Ranvia), Police Station - Tilothu, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-09-2024

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

2. The petitioners apprehend their 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 petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 100 litres of liquor from field of Baban Singh. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the

Patna High Court CR. MISC. No.64036 of 2024(2) dt.04-09-2024 2/2 petitioners and they came to be implicated based on secret information which is the easiest way to implicate someone, when petitioners admittedly are persons with clean antecedent.

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

5. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) each 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 Tilauthu P.S. Case No.136/2024, 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 petitioners shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioners have antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) amit/- U T