Patna High CourtCR. MISC./68083/2024bail granted

Anil Prasad @ Anil Jaiswal v. The State Of Bihar

2024-09-19Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68083 of 2024 Arising Out of PS. Case No.-417 Year-2024 Thana- MADHAURAH District- Saran ====================================================== Anil Prasad @ Anil Jaiswal, Son of Late Ram Bilash Prasad @ Late Rambilash Resident of Village- Mirzapur/ Mirzapur Talpuraina, PSMadhaura, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udai Shankar Singh For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2024

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 is a person with clean antecedent and the allegation is of recovery of 25 litres of liquor from a bush behind the house of the petitioner.

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 even alleged recovery is from a place, which does not belong to the petitioner

Patna High Court CR. MISC. No.68083 of 2024(2) dt.19-09-2024 2/3 and is accessible to public at large and he came to be implicated based on confessional statement of Pankaj Jaiswal in police custody, which does not have any evidentiary value. It is also submitted that Pankaj is the son of petitioner and was made to confess the name of the petitioner, when admittedly petitioner is a person with clean antecedent.

5. Learned A.P.P. 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 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Madhaura P. S. Case No.417 of 2024, 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

Patna High Court CR. MISC. No.68083 of 2024(2) dt.19-09-2024 3/3 found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T