PATNA, India, May 29 -- Patna High Court issued the following order on May 1:
Heard learned counsel for the petitioner and learned APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Dumariyaghat P.S. Case No. 99 of 2024 dated 10.05.2024, registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
3. As per allegation, 25 litres illicit country made liquor has been recovered from Chhat Ghat situated at village Puraina in Dumaria Ghat Police Station, Distt. East Champaran.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the illicit liquor has not been recovered from personal possession of the petitioner. The recovery of illicit country made liquor has been made from an open space accessible to public at large. He also submits that the petitioner is no way connected with the alleged offence.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has been made accused in two other cases in which he is on bail.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned court below, in connection with Dumariyaghat P.S. Case No. 99 of 2024, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.
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