Deepak Roy @ Deepak Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69411 of 2024 Arising Out of PS. Case No.-360 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Deepak Roy @ Deepak Rai Son of Late Kanhaiya Roy @ Kanhai Ray Resident of Village - Sadha , P.S. - Chapra Muffasil , District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-09-2024

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 Chapra Muffasil P.S. Case No.360 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of four cases, but inadvertently at para-3 it has been pleaded that petitioner has antecedent of three cases. It is next submitted that allegation is of recovery of 250 liters of liquor from two motorcycle.

4. It is next submitted that petitioner was not arrested

Patna High Court CR. MISC. No.69411 of 2024(2) dt.25-09-2024 2/3 from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated at the instance of Chowkidar, but then it is submitted that it absolutely does not stand to reason that if Chowkidar was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to institution of the instant FIR, which cast an aspersion on the case of the prosecution.

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.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned 01st Exclusive Special Judge, Saran at Chapra in connection with Chapra Muffasil P.S. Case No.360 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.69411 of 2024(2) dt.25-09-2024 3/3 criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than four cases, 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