Shambu Kumar @ Shambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4432 of 2025 Arising Out of PS. Case No.-235 Year-2024 Thana- AMBA District- Aurangabad ====================================================== Shambu Kumar @ Shambhu Kumar S/O Naresh Saw @ Naresh Sao R/O Vill.- P.S- Amba, Dist.- Aurnagabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 317(5) of BNS, 2023.

3. Learned counsel for the petitioner submits that petitioner has antecedent of five cases and the informant alleges that one Sonu Kumar was apprehended while he was trying to escape on his motorcycle, who disclosed that Sunil and this petitioner had provided him the motorcycle for supplying illicit liquor.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that petitioner is not even aware who Sonu is. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically.

Patna High Court CR. MISC. No.4432 of 2025(2) dt.12-02-2025 2/2

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

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 from today, be released on provisional 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 trial court where the case is pending/successor court in connection with Amba P.S. Case No.235/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. It is made clear that the learned trial court shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than five cases, in that event, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of five cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) amit/- U T