Raushan Kumar @ Tantu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2784 of 2024 Arising Out of PS. Case No.-959 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Raushan Kumar @ Tantu, Son Of Gopal Ojha Resident Of Village - Khabra, P.S. - Sadar, District - Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-04-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of six cases and the allegation is of recovery of 100.235 litres of liquor from a Litchi orchard.

4. The learned counsel for the petitioner submits that 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 and is accessible to public at large and he came to be implicated

Patna High Court CR. MISC. No.2784 of 2024(2) dt.08-04-2024 2/3 at the instance of local people. In most of the cases, innocent persons are being implicated by the police either at the instance of Chaukidar or local people. It is further submitted that if local people was aware of the involvement of the petitioner in the occurrence, then why he did not inform the police prior to institution of the present F.I.R., which cast an aspersion on the case of the prosecution.

5. Learned A.P.P. opposes the bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.1, Muzaffarpur in connection with Sadar P. S. Case No.959 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than six cases, in

Patna High Court CR. MISC. No.2784 of 2024(2) dt.08-04-2024 3/3 that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T