Suren Nat @ Suren Sapera v. The State of Bihar

====================================================== Appearance : Mr.Pramod Kumar Sinha For the Petitioner/s : For the Opposite Party/s : Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 14-02-2025

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

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of four cases and allegation is of recovery of 20 litres of liquor from possession of Jintu Nut and 20 litres of liquor from Ram Babu Nut.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery of liquor is made from the named accused persons and petitioner came to be implicated based on confessional Patna High Court CR. MISC. No.8856 of 2025(2) dt.14-02-2025 statement of apprehended accused in police custody which does not have any evidentiary value. It is further submitted that all the four antecedents of the petitioner are under the Excise Act, it is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, secret information or confessional statement.

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

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 trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty 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 Islampur P.S. Case No. 515 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than four cases in that event the provisional anticipatory bail order shall not Patna High Court CR. MISC. No.8856 of 2025(2) dt.14-02-2025 be confirmed, but after verification if it is found that petitioner has antecedent of four cases in that event the provisional anticipatory bail order shall be confirmed forthwith. SUMIT/- U T (Satyavrat Verma, J)