Kanchan Kumar @ Kanchan Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70342 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- GHOGHARDIHA District- Madhubani ====================================================== Kanchan Kumar @ Kanchan Kumar Mandal S/O Jivlal Mandal R/O VillageDevnathpatti, P.S- Ghoghardiha, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Prasad, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-09-2024

1. Heard learned counsel for the petitioner as well as 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 Bihar Prohibition and Excise Act in connection with Ghoghardiha P.S. Case No.97 of 2024.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 27 liters of liquor from a sack allegedly thrown by the petitioner.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious

Patna High Court CR. MISC. No.70342 of 2024(2) dt.27-09-2024 2/3 possession and even alleged recovery is from a place which does not belong to the petitioner and has no concern with the sack in question and he came to be implicated at the instance of Chowkidar, but then it is submitted that police in majority of the cases implicates either at the instance of the 'Chowkidar', local person, secret information or confessional statement in a mechanical manner without holding proper investigation, when petitioner admittedly is a person with clean antecedent.

5. The learned APP for the State 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 Special Judge, Excise Act, Jhanjharpur, Madhubani in connection with Ghoghardiha P.S. Case No.97 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the

Patna High Court CR. MISC. No.70342 of 2024(2) dt.27-09-2024 3/3 criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case in that event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T