Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63231 of 2024 Arising Out of PS. Case No.-293 Year-2024 Thana- DUMRA District- Sitamarhi ====================================================== 1.
Manoj Kumar Son of Bisheshwar Ray @ Bisheshar Ray Resident of Mohalla - Bishwanathpur (Chowk), Police Station - Dumra, District - Sitamarhi 2.
Rambali Rai @ Balram Yadav Son of Rambhaju Ray @ Ram Bhajan Ray Resident of Mohalla - Bishwanathpur (Chowk), Police Station - Dumra, District - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar For the Opposite Party/s :
Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-09-2024
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 Amendment Act, 2022.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 93 litres of liquor from a bamboo orchard of Kamlesh Kumar. 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 petitioners and is accessible to
Patna High Court CR. MISC. No.63231 of 2024(2) dt.03-09-2024 2/3 public at large and they came to be implicated at the instance of chowkidar. It is also submitted that police in majority of the cases implicates either at the instance of chowkidar, local person, secret information or confessional statement without holding proper investigation in a mechanical manner, 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 Dumra P.S. Case No.293/2024, 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
Patna High Court CR. MISC. No.63231 of 2024(2) dt.03-09-2024 3/3 event, the present anticipatory bail order shall not be given effect to.
(Satyavrat Verma, J) amit/- U T