IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61441 of 2024 Arising Out of PS. Case No.-770 Year-2023 Thana- NAGAR District- Vaishali ====================================================== Praveen Kumar son of Surendra singh village- Jejusar, Ps- Mukundgarh, Dist- Jhunjhunun, Rajasthan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 3 11-02-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Town P.S. Case No. 770 of 2023 for the offence under Sections 414, 34 of the I.P.C. and Sections 30(a), 32(ii), 36, 41(i) of Bihar Prohibition and Excise Act. 3. Recovery of total 1096.25 litre of foreign liquor has been made from a pick up bearing Reg. No. RJ53GA-1110, which is the subject matter of the present case. 4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has not committed any offence whatsoever and he has falsely been implicated in this case due to ulterior motive of Police. Nothing incriminating article has been recovered from the conscious possession of the petitioner rather total 1096.20 litre foreign liquor has been recovered from Patna High Court CR. MISC. No.61441 of 2024(3) dt.11-02-2025 2/3 a pick up vehicle bearing Reg. No. RJ53GA-1110 which does not belongs to the petitioner. Learned counsel further submits that the name of this petitioner has been figured in this case on the confessional statement of one co-accused namely, Mani Ram made before the police. In place of independent witness, police personals have been made as seizure witness accordingly the same is hit by Section 100 Cr.P.C. Learned counsel also submits that the petitioner has no concern with either the recovered liquor or pick up van from which the liquor has been recovered. Moreover, petitioner claims clean antecedent as mentioned in para 3 of the bail petition. 5. Learned APP opposes the prayer for bail. 6. Taking into account the fact that the petitioner has no concern with the alleged vehicle or seized liqour, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1 Cum Additional District and Sessions Judge Vaishali at Hajipur, in connection with Town P.S. Case No. 770 of 2023 subject to Patna High Court CR. MISC. No.61441 of 2024(3) dt.11-02-2025 3/3 the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) One of the bailors should be close relative of the petitioner. (ii) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the learned trial Court. (iii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (iv) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court. 8. Petitioner is directed to submit an affidavit regarding his criminal antecedent before the learned court below and if trial court finds, any criminal antecedent of the petitioner, trial court will be at liberty to cancel his bail bonds. Ankit Kumar/- (S. B. Pd. Singh, J) U T