Patna High CourtCR. MISC./67151/2024bail granted

Madhukesh Kumar @ Madhukar Kumar @ Madhu v. The State Of Bihar

2024-09-23Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67151 of 2024 Arising Out of PS. Case No.-464 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Madhukesh Kumar @ Madhukar Kumar @ Madhu Son of Umesh Ray Resident of Village- Uttari Dhamoun, PS- Shahpur Patori, Distt.- Samastipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Prasad Roy For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of four cases and allegation is of recovery of 150 litres of liquor from three sacks loaded on two motorcycle.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is

Patna High Court CR. MISC. No.67151 of 2024(2) dt.23-09-2024 2/3 not the owner of any of the seized motorcycles and he came to be implicated based on secret information, which is the easiest way to implicate someone.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, abovenamed, 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. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-2, Samastipur in connection with Patory P. S. Case No.464 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. 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 four

Patna High Court CR. MISC. No.67151 of 2024(2) dt.23-09-2024 3/3 cases, in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T