PATNA, India, June 18 -- Patna High Court issued the following order on May 18:
1. Heard the learned counsel for the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 71 of 2026, registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
3. As per the prosecution story, which has been lodged on the basis of the written report of the informant to the effect that on 01.03.2026 at about 4:40 P.M., he received a secret information that in village Punas one Ramanand Singh @ Rama is dealing in illicit liquor from his house. To verify the authenticity of the said information, the informant along with the police party reached at the place of occurrence and on search, total of 14.400 litres of Indian-made foreign liquor was recovered from a banana orchard standing behind the house of Ramanand Singh. Upon enquiry from the villagers, the information got to know that the liquor belongs to Ramanand Singh, however, he was not present at the place of occurrence.
4. The learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case only due to local village politics. He further submits that the petitioner was not even present at the place of occurrence and nothing incriminating has been recovered from the physical or conscious possession of the petitioner. He submits that the petitioner has got no concern with the alleged seized liquor and the banana orchard also does not belong to the petitioner. He further submits that the petitioner has got three criminal antecedents, out of which two are of similar nature and he is on bail in all the cases.
5. The learned APP for the State vehemently opposes the prayer for grant of bail to the petitioner and submits that the petitioner is a habitual offender having three criminal cases, out of which two cases are of similar nature and therefore he does not deserve the privilege of anticipatory bail.
6. Having heard the learned counsel for the parties and after going through the records, it appears that 14.400 litres of Indian-made foreign liquor was recovered from the banana orchard, however, the petitioner was not found present at the place of occurrence, therefore, nothing has been recovered from the conscious possession of the petitioner. The petitioner is an accused in three other cases, out of which two cases are of similar nature in which he is on bail. Considering the above, let the petitioner, above named in the event of arrest/surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise -II, Samastipur in connection with Excise P.S. Case No. 71 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and subject to the following condition:-
(I) That the learned court concerned 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 concerned shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
Disclaimer: Curated by HT Syndication.
