Ashok Soren v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65103 of 2025 Arising Out of PS. Case No.-141 Year-2025 Thana- Excise P.S. District- Jamui ====================================================== Ashok Soren S/o Late Mangal Soren R/o Village - Kaduatari, P.S - Barhat, District - Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash Parasar, Adv.
For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-09-2025 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with JAM Case No. 141 of 2025 for the offence registered under sections 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022.
3. As per the prosecution story, the Police on secret information, reached the place and from the hut, recovery/seizure is 105 liter country made liquor while from the house, 1800 kg fermented Java Mahua recovered/seized. This led to the FIR.
4. Learned Counsel for the petitioner submits that a perusal of the FIR would show that the Police has recorded that the Java Mahua was destroyed, in any case, the recovery/seizure
Patna High Court CR. MISC. No.65103 of 2025(2) dt.25-09-2025 2/3 is from an open place, not from his conscious possession and he do not have criminal antecedent.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.
6. Considering the submissions of the parties as also the aforesaid fact that the petitioner has no criminal antecedent, in that background, this Court is inclined to grant him the anticipatory bail with conditions.
7. However, if it is found that contrary to the statement made in paragraph 3, the petitioner has criminal antecedent, the present order shall become infructuous.
8. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Court No.-II in connection with JAM Case No. 141 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.65103 of 2025(2) dt.25-09-2025 3/3 before the Trial court and failure to do so for two consecutive dates without plausible reason will entail 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 attendance and at the end of the period, the certificate be submitted to the Court;
(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 the bail bonds. (Rajiv Roy, J) Vijay Singh/- U