Dillu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62936 of 2024 Arising Out of PS. Case No.-175 Year-2024 Thana- LAURIA District- West Champaran ====================================================== Dillu Kumar S/O Late Suresh Prasad Resident of Vill- Lauriya Bazar, Ward No. 13, P.S.- Lauriya, Dist- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-09-2024

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 272, 273, 414 of the IPC and 30(a) of the Bihar Prohibition and Excise Act in connection with Lauriya P.S. Case No.175 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of six cases and allegation is of recovery of 5.775 liters of liquor from a motorcycle.

4. It is next submitted that petitioner was not arrested

Patna High Court CR. MISC. No.62936 of 2024(2) dt.03-09-2024 2/3 from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated at the instance of Chowkidar with whom he is on inimical term. It is also submitted that once an accused is implicated in a case relating to excise, in that event the police starts implicating mechanically.

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.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, ExciseII, Bettiah, West Champaran in connection with Lauriya P.S. Case No.175 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 more than six cases, in

Patna High Court CR. MISC. No.62936 of 2024(2) dt.03-09-2024 3/3 that event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T