Anarjeet Kumar @ Amarjeet Kumar @ Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72736 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- Hariharnath P.S. District- Saran ====================================================== 1.

Anarjeet Kumar @ Amarjeet Kumar @ Amarjeet Kumar Son of Sochindra Rai Resident of Village- Sabalpur, P.S.- Sonepur, District- Saran 2.

Raushan Kumar Son of Gajendra Ray Resident of Village- Sabalpur Hasti Tola, P.S.- Sonepur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raushan Raj For the Opposite Party/s :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-10-2024

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 offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. Learned counsel for the petitioners submits that petitioner no.1 has antecedent of one case and petitioner no.2 has antecedent of two cases and allegation is of recovery of 170 litres of liquor from an auto. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and are the owner of the seized auto and they came to be implicated based on secret information which is the easiest way to implicate someone.

Patna High Court CR. MISC. No.72736 of 2024(2) dt.07-10-2024 2/2

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

5. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) 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 Hariharnath P.S. Case No.75/2024, 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 petitioners shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioner no.1 has antecedent of more than one case and petitioner no.2 has antecedent of more than two cases, in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) amit/- U T