Baiju Sao @ Baiju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68918 of 2024 Arising Out of PS. Case No.-215 Year-2024 Thana- Arwal District- Arwal ====================================================== Baiju Sao @ Baiju Kumar S/O Mahendra Sao @ Mahendra Prasad R/O Village- Pipra Bangla, P.S and Distt.- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act in connection with Arwal P.S. Case No.215 of 2024.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 27 liters of liquor from a motorcycle. It is next submitted that petitioner was not arrested 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 Santosh who is owner of the motorcycle. It is also submitted that Santosh has not been implicated in the case as an accused.

Patna High Court CR. MISC. No.68918 of 2024(2) dt.21-09-2024 2/2 The learned APP for the State opposes the anticipatory bail application.

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.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-II, Jehanabad in connection with Arwal P.S. Case No.215 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, in that event, the present anticipatory bail order shall not be given effect.

The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T