Gopal Nut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87759 of 2024 Arising Out of PS. Case No.-466 Year-2024 Thana- MADHAURAH District- Saran ====================================================== Gopal Nut S/o Dudhnath Nut R/o vill- Bajit Bhoraha, P.S. - Madhaurah, Distt.- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh, Advocate For the State :
Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 08-01-2025 Heard Ld. counsel for the petitioner and Ld. APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Madhaurah P.S. Case No. 466 of 2024, dated 10.08.2024, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. As per the allegation, 50 litre of liquor has been recovered from an open space.
4. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is no way connected with the alleged offence and the case has been filed without any legal basis. He further submits that no prima facie case is made
Patna High Court CR. MISC. No.87759 of 2024(2) dt.08-01-2025 2/3 out under the Excise Act.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in three other cases in which he is on bail.
7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Court of 2nd Exclusive Special Excise Judge, Saran at Chapra, in connection with Madhaurah P.S. Case No. 466 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the
Patna High Court CR. MISC. No.87759 of 2024(2) dt.08-01-2025 3/3 disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T