Rajesh Sapera @ Rajesh Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1473 of 2025 Arising Out of PS. Case No.-515 Year-2024 Thana- ISLAMPUR District- Nalanda ====================================================== Rajesh Sapera @ Rajesh Nut S/O Suren Nut @ Suren Sapera R/O Village - Khatolna Bigha, P.S- Islampur, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-02-2025

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 one case and allegation is of recovery of 40 litres of liquor from possession of Jintu Nut and Ram Babu Nut.

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 is not related to Jintu Nut and Ram Babu Nut and he came to be implicated based on the confessional statement of apprehended accused in

Patna High Court CR. MISC. No.1473 of 2025(2) dt.05-02-2025 2/3 police custody, which does not have any evidentiary value.

5. Learned A.P.P. opposes the anticipatory 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 provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Additional Sessions Judge-cum- Special Judge Excise-II, Nalanda at Biharsharif in connection with Islampur P. S. Case No.515 of 2024, 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 one case, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner has antecedent of only one case, in that event, the

Patna High Court CR. MISC. No.1473 of 2025(2) dt.05-02-2025 3/3 provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) vikash/- U T