Golu Singh @ Aman Kumar @ Aman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71081 of 2024 Arising Out of PS. Case No.-818 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Golu Singh @ Aman Kumar @ Aman Son of Anil Singh R/O-Village- Doman Bigha, P.S- Madanpur, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari For the Opposite Party/s :

Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-09-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a) and 32(3) of Bihar Prohibition and Excise Amendment Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 350 litres of spirit from a car. 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 car and he came to be implicated based on confessional statement of Abhishek in police custody, which does not have any evidentiary value.

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

5. Considering the submissions made by the learned

Patna High Court CR. MISC. No.71081 of 2024(2) dt.30-09-2024 2/2 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees five thousand) 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 Excise P.S. Case No.818/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents 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 to.

7. Today, 30 cases relating to excise were taken up, in 30 cases, there were 32 petitioners, out of which, 18 petitioners were persons with clean antecedent. Further, in 16 cases, the recovery of liquor is less than 30 litres, as such, the total amount of liquor alleged to have been seized is 2553.61 litres of liquor along with 350 litres of spirit.

(Satyavrat Verma, J) amit/- U T