Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70026 of 2024 Arising Out of PS. Case No.-147 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== 1.

Satish Kumar Son of Ram Kumar @ Ram Kumar Sah VillageHanumannagar, P.S.- Beldaur, District- Khagria 2.

Sikendra Kumar @ Sikendar Mukhiya @ Padiya Son of Khush Lal Mukhia village- Tilathi, Ps- Beldaur, Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-10-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and allegation is of recovery of 131 litres of liquor from a motorcycle. 4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and he came to be implicated based on the fact that petitioner No. 1 is the owner of

Patna High Court CR. MISC. No.70026 of 2024(2) dt.05-10-2024 2/3 the seized motorcycle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is next submitted that they came to be implicated at the instance of Chowkidar with whom brother of the petitioners are on an inimical term.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Beldaur P.S. Case No. 147 of 2024, subject to the conditions as 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 petitioners shall verify the criminal antecedents of the petitioners and in the event if it is found that the petitioners have antecedent of even one case, in

Patna High Court CR. MISC. No.70026 of 2024(2) dt.05-10-2024 3/3 that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) SUMIT/- U T