Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72362 of 2024 Arising Out of PS. Case No.-307 Year-2024 Thana- TEGHRHA District- Begusarai ====================================================== 1.

Arjun Kumar S/o- Nemo Sahni Vill.- Nonpur Ps. Teghra Dist-. Begusarai 2.

Satyam Kumar Son of Ramdas Sahni Vill.- Nonpur Ps. Teghra Dist-. Begusarai 3.

Mukesh Kumar Son of Ramudgar Sahni Vill.- Nonpur Ps. Teghra Dist-. Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-10-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and allegation is of recovery of 50 litres of liquor from a maize field. 4.

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

Patna High Court CR. MISC. No.72362 of 2024(2) dt.04-10-2024 2/3 petitioners and is accessible to public at large and they came to be implicated by the Chowkidar 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 petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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) each 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 Teghra P.S. Case No. 307 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 petitioners shall verify the criminal antecedents of the petitioners and in the event if it is found that the petitioners have antecedent of even one case, in

Patna High Court CR. MISC. No.72362 of 2024(2) dt.04-10-2024 3/3 that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) SUMIT/- U T