Ashok Sah @ Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66592 of 2023 Arising Out of PS. Case No.-289 Year-2023 Thana- Excise P.S. District- Madhepura ====================================================== ASHOK SAH @ ASHOK KUMAR Son of Late Hariballav Sah Resident of village- Jivachhpur Ward No- 7, Madhepura (Bharrahi OP) and DistrictMadhepura ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking pre-arrest bail in connection with Madhepura Excise P.S. Case No. 289 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Excise and Prohibition (Amendment) Act, 2018. He has got no criminal antecedent.

3. As per the prosecution story, the informant during vehicle checking intercepted a motorcycle bearing Registration No. BR43T4143 and apprehended one person who disclosed his name as Arjun Kumar. On search 72 liters of country-made liquor were seized from the said motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case only because the motorcycle in question is registered in his name.

5. Learned APP for the State has opposed the prayer for

Patna High Court CR. MISC. No.66592 of 2023(2) dt.19-10-2023 2/2 anticipatory bail of the petitioner.

6. Having regard to the submission that the son of the petitioner was driving the motorcycle from which illicit liquors have been recovered, the petitioner has been implicated in this case only because the motorcycle is registered in his name, however, the petitioner has no criminal antecedent, this Court directs that in case of his arrest or surrender within a period of six weeks from today, the petitioner above named be released on bail in connection with Madhepura P.S. Case No. 289 of 2023 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cum-Special Judge, Excise II, Madhepura, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T