Subodh Bhagat @ Subodh Kumar v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA Mr.Priyesh Kumar Mr.Ramesh Chandra ORAL ORDER 2 01-12-2025

Heard learned counsel for the petitioner and learned APP for the State.

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.

The learned counsel for the petitioner submits that the petitioner has antecedent of eleven cases out of which eight cases are under the Excise Act and allegation is of recovery of

40.5 litres of liquor from a water tank near the door of the house of the petitioner.

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 even alleged recovery is from a place, which does not belong to the petitioner Patna High Court CR. MISC. No.79521 of 2025(2) dt.01-12-2025 and is accessible to public at large, but then, he came to be implicated based on confessional statement of Sudhir in police custody, which does not have any evidentiary value. It is also submitted that petitioner has antecedent under the Excise Act, as such, informant got him implicated through Sudhir without holding a proper investigation.

Learned A.P.P. opposes the anticipatory bail application.

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.55,000/- (Rupees Fifty Five 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 Baruraj P. S. Case No.143 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is Patna High Court CR. MISC. No.79521 of 2025(2) dt.01-12-2025 found that petitioner has antecedent of more than eleven cases, then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before this Court, 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 eleven cases only, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) vikash/- U T