Gorakh Chaudhary @ Gorakh Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62194 of 2024 Arising Out of PS. Case No.-235 Year-2024 Thana- KARAKAT District- Rohtas ====================================================== Gorakh Chaudhary @ Gorakh Pasi Son of Late Fagu Chaudhary @ Late Phagu Pasi Resident of Village - Raghunathpur Bal, P.S.- Karakat, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwari, Advocate For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, 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) of the Bihar Prohibition and Excise Act in connection with Karakat P.S. Case No.235 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 08 liters of liquor 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.62194 of 2024(2) dt.02-09-2024 2/3 from the spot as such nothing was recovered from his conscious possession and he came to be implicated at the instance of local people, 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.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Rohtas at Sasaram in connection with Karakat P.S. Case No.235 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.62194 of 2024(2) dt.02-09-2024 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