Pradeep Kumar @ Pradeep Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65288 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- NATWAR District- Rohtas ====================================================== Pradeep Kumar @ Pradeep Singh S/O Jagdish Yadav @ Jagdish Singh R/O Village- Jagdishpur, P.S. Natwar (Semra O.P ), 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. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-10-2024 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Natwar (Semra O.P.) P.S. Case No. 84 of 2024 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act lodged on 08.05.2024 by the informant, Vikash Kumar.

3. As per the prosecution story, the informant has alleged that upon secret information, that the petitioner along with Jitendra is manufacturing country made liquor, raided the place and 12 litre of country made liquor has been recovered/seized, the Chowkidaar gave the name of these accused, petitioner included.

4. Learned counsel for the petitioner submits that the petitioner does not have any criminal antecedent, recovery is

Patna High Court CR. MISC. No.65288 of 2024(2) dt.01-10-2024 2/3 from an open place, the Chowkidaar has enmity and as such he has given his name.

5. Learned APP opposes the prayer for bail.

6. Taking into account the submissions as also the fact that he has no criminal antecedent and nothing has been recovered from his conscious possession, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court-2-CumAdditional District and Sessions Judge, Rohtas, in connection with Natwar (Semra O.P.) P.S. Case No. 84 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail

Patna High Court CR. MISC. No.65288 of 2024(2) dt.01-10-2024 3/3 cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ankit Kumar/- U T