Kaju Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71984 of 2022 Arising Out of PS. Case No.-90 Year-2022 Thana- GOPALPUR District- Gopalganj ====================================================== KAJU TIWARI Son of Jagdish Tiwari Resident of Village- Tiwari Karaiya, P.S.- Gopalpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhramveer, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. 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 petitioner has antecedent of four cases and allegation is of recovery of 4.8 litres liquor from a gunny bag near Harendra Rai's shop, 18 litres from a sack in Tiwari Karaiya village and 09 litres liquor from a bag near an embankment in Ahiyapur village.

Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the confessional statement of Dhananjay

Patna High Court CR. MISC. No.71984 of 2022(2) dt.23-12-2022 2/2 Kumar in police custody which does not have any evidentiary value, it is further submitted that the police got him implicated in the present case because of his antecedents through Dhananjay Kumar.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five 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 Gopalpur P.S. Case No. 90 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

The learned trial court before accepting the bail bonds of the petitioner shall verify his criminal antecedents and if it is found that the petitioner has antecedent of more than four cases, then the present anticipatory bail order shall not be acted upon. (Satyavrat Verma, J) Rishi/- U T