Chandan Kumar Sah @ Chandan Sah @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72801 of 2024 Arising Out of PS. Case No.-324 Year-2024 Thana- MADHUBANI TOWN District- Madhubani ====================================================== Chandan Kumar Sah @ Chandan Sah @ Chandan Kumar S/o Hari Narayan Sah R/o Village- Macchhata Chowk, Bhowara, Ward No. 27, P.S.- Town Madhubani, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of four cases and allegation is of recovery of 6.69 liters of liquor from the kiosk of the petitioner. 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 it is specifically asserted and submitted that the kiosk does not belong to the petitioner which amply demonstrates that how police in a mechanical manner investigates and implicates. It is also submitted that once an

Patna High Court CR. MISC. No.72801 of 2024(2) dt.07-10-2024 2/2 accused is implicated in a case relating to excise, the police starts implicating mechanically.

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

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. 20,000/- (Rupees Twenty 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 Madhubani Town P.S. Case No. 324 of 2024 subject to the conditions as 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 antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of more than four cases, in that event, the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) SUMIT/- U T