Pirat Chauhan @ Rambriksh Chauhan @ Ramprit Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72356 of 2024 Arising Out of PS. Case No.-317 Year-2024 Thana- PAKARIBARAW District- Nawada ====================================================== Pirat Chauhan @ Rambriksh Chauhan @ Ramprit Chauhan Son of Sukhdeo Chauhan @ Sukhdeo Muni Chauhan Resident of Village- Budhan Bigha, P.S.- Pakaribarawan, District- Nawada, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-10-2024 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 offences punishable under Sections 30(a) and 30(d) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 9 litres of liquor along with 1000 litres of Jawa Mahua from a bush.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner

Patna High Court CR. MISC. No.72356 of 2024(2) dt.04-10-2024 2/3 and is accessible to public at large. It is next submitted that he came to be implicated at the instance of local villager but then it is submitted that in majority of the cases, police, in a mechanical manner, implicates either at the instance of Chowkidar, local person, secret information or confessional statement without holding a proper investigation. 5.

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

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Pakaribarawan P.S. Case No. 317 of 2024 subject to the conditions as 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 criminal antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of even one case, in that

Patna High Court CR. MISC. No.72356 of 2024(2) dt.04-10-2024 3/3 event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) SUMIT/- U T