Sanjeev Kumar @ Sanjeev Lal Deo @ Lal Dev v. The State of Bihar

====================================================== Appearance : For the Petitioner : For the Opposite Party : ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER Mr. Vinay Kumar Mishra, Advocate Mr. Anand Kishore Choudhary, APP 2 16-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking pre- arrest bail in connection with Baheri P.S. Case No. 176 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He has no criminal antecedent.

As per the prosecution story, when the informant along with other police personnel went for patrolling, on

02.06.2023 she got information to raid the house of Sanjeev Lal Deo. From the baramda of said Sanjeev Lal Deo, total 2.16 litre of foreign liquor and 5 litre country made liquor was recovered.

Learned counsel for the petitioner submits that the illicit liquor is said to have been recovered from the baramda of the petitioner which is an open place and is also common place Patna High Court CR. MISC. No.61005 of 2023(2) dt.16-10-2023 of co-sharer of the petitioner.

Learned APP for the State has opposed the prayer for pre-arrest bail of the petitioner.

Having regard to the facts and circumstances of the case from which it appears that the illicit liquor of 2.16 litre foreign liquor and 5 litre country made liquor have been seized from the open area i.e. baramda of the house of the accused which is accessible to any person and it is said to be the common place of co-sharer, the petitioner has otherwise no criminal antecedent, hence, this Court directs that in case of his arrest or surrender within a period of six weeks from today, the petitioner above named be released on bail in connection with Baheri P.S. Case No. 176 of 2023 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-1, (Excise Act) Darbhanga, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the Patna High Court CR. MISC. No.61005 of 2023(2) dt.16-10-2023 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.