SUSHIL PRASAD YADAV v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH Mr.Ajay Kumar Singh, Advocate Mr.Kumar Ranjit Ranjan, APP ORAL ORDER 2 29-11-2023 Heard Mr. Ajay Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Kumar Ranjit Ranjan learned APP for the State.

The petitioner seeks pre-arrest bail in connection with Patahi P.S. Case No. 274 of 2023 dated 31.08.2023 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act

As per the allegation made in the FIR, 25 litres of illicit foreign liquor was recovered from the bamboo clumps of one Bharat Rai.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has been falsely implicated in this case. It is further submitted that no Patna High Court CR. MISC. No.75502 of 2023(2) dt.29-11-2023 incriminating article has been recovered from the conscious possession of the petitioner, rather the illicit liquor has been recovered from the bamboo clumps of one Bharat Rai and petitioner has no concern either with the alleged bamboo clumps or with the seized liquor. It is further submitted that though the petitioner has three criminal antecedents but he is on bail in all the said cases. Petitioner undertakes that he will not involve in criminal activities in future and to that effect, he is ready to file his personal affidavit along with two respectable persons of the village where he resides.

Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

Considering the nature of allegation and also the facts that recovery of illicit liquor has not been made from the conscious possession of the petitioner and petitioner is also ready to give his undertaking that he will not involve in criminal activities in future by filing affidavit along with two respectable persons of the village where he resides, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender Patna High Court CR. MISC. No.75502 of 2023(2) dt.29-11-2023 before the Court below within a period of four weeks from today, 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, Excise Court No.3, East Champaran at Motihari in connection with Patahi P.S. Case No. 274 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force. Sanjay/- U T (Purnendu Singh, J)