Baldeo Singh Bhokta @ Baldev Singh Bhogta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62179 of 2024 Arising Out of PS. Case No.-250 Year-2024 Thana- MADANPUR District- Aurangabad ====================================================== Baldeo Singh Bhokta @ Baldev Singh Bhogta Son of Late Mahngu Singh Bhokta @ Mahangu Singh Bhogta R/O Vill.- Badam, P.S. Madanpur, Dist.- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2024

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 Sections 30(a), 30(c) of the Bihar Prohibition and Excise Act in connection with Madanpur P.S. Case No.250 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 35 liters of liquor along with 500 liters of Jawa Mahua from a place behind the house of the petitioner.

4. It is next submitted that petitioner was not arrested

Patna High Court CR. MISC. No.62179 of 2024(2) dt.02-09-2024 2/3 from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated at the instance of local villagers, but then it is submitted police in mechanical manner implicates either at the instance of the 'Chowkidar', local person, secret information or confessional statement without holding proper investigation.

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.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.1, Aurangabad in connection with Madanpur P.S. Case No.250 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

Patna High Court CR. MISC. No.62179 of 2024(2) dt.02-09-2024 3/3 criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, in that event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T