Amitab Bachchan @ Amitab Bachchan Rai @ Amitabh Bachchan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71213 of 2024 Arising Out of PS. Case No.-429 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== AMITAB BACHCHAN @ AMITAB BACHCHAN RAI @ AMITABH BACHCHAN RAY S/O UPENDRA RAI @ UPENDRA RAY Resident of Village- Terasiya, Police Station- Ganga Bridge, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Shaheen Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-10-2024

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 Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of eight cases.

4. Allegation is of recovery of 34.5 litres of liquor from the house of Vikash Kumar, 24 litres of liquor from a car and 64.363 litres of liquor from the house of Mohan Kumar.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belong to the petitioner nor he is owner of the seized vehicle. It is further submitted that

Patna High Court CR. MISC. No.71213 of 2024(2) dt.01-10-2024 2/2 petitioner came to be implicated based on the confessional statement of apprehended accused in police custody which does not have any evidentiary value in the eye of law. It is next submitted that once an accused is implicated in a case relating to excise the police start implicating mechanically and at times to save the real culprits.

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

7. Considering the submissions made by the learned counsel for the petitioner, let 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.40,000/- (Rupees Forty Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bidupur P.S. Case No. 429 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. However, the learned trial court, before accepting the bail bonds of the petitioner, shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of more than eight cases in that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) Kundan/- U T