Chintu Kumar @ Chandrashen @ Chandrashen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4355 of 2025 Arising Out of PS. Case No.-347 Year-2024 Thana- BHAGWANPUR District- Begusarai ====================================================== Chintu Kumar @ Chandrashen @ Chandrashen Kumar S/O Rajesh Mahto @ Rajesh Singh Resident of Village- Harichak, Police Station- Bhagwanpur, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhanshu Prakash, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner as well as 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 Bihar Excise and Prohibition Act, 2018 in connection with Bhagwanpur P.S. Case No.347 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of four cases and allegation is of recovery of 4.875 liters of liquor from a place beside the road.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious

Patna High Court CR. MISC. No.4355 of 2025(2) dt.12-02-2025 2/3 possession and he came to be implicated at the instance of local person but then name of the person who disclosed the name of the petitioner is not disclosed in the FIR, which casts an aspersion on the case of the prosecution.

5. The learned APP for the State 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.20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-I, Begusarai in connection with Bhagwanpur P.S. Case No.347 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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

Patna High Court CR. MISC. No.4355 of 2025(2) dt.12-02-2025 3/3 anticipatory bail shall be confirmed forthwith.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T