Full Bench decision relied upon to grant anticipatory bail to the petitioner in a liquor possession case with conditions for cooperation and bail bond.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties subject to specific conditions regarding trial cooperation and antecedent verification.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60091 of 2023
Arising Out of PS. Case No.-415 Year-2023 Thana- KOILWAR District- Bhojpur
======================================================
SHATRUGHAN KUMAR @ SHATRUDHAN KUMAR S/O LATE DEVPRASAD MAHTO, R/O VILLAGE/ MOHALLA- SURAUNDHA COLONY, WARD NO. 13, PS. KOILWAR, DIST. BHOJPUR.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Diwakar, Adv. For the Opposite Party/s : Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
2 07-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.60091 of 2023(2) dt.07-10-2023 2/4
implicated in the present case on the ground that recovery has been made from a hut, which is situated in his land. He further submits that the petitioner was not apprehended from the place of occurrence, nothing has been recovered from his conscious possession and the witnesses of seizure list are police personnel. There is non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr. P.C. No case, whatsoever, would be made out against the petitioner under the Bihar Prohibition and Excise Act.
Patna High Court CR. MISC. No.60091 of 2023(2) dt.07-10-2023 3/4
antecedent and nothing has been recovered from his conscious possession, let the above-named petitioner, in the event of his arrest or surrender within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Bhojpur at Ara in connection with Koilwar P.S. Case No. 415 of 2023, FIR dated 06.07.2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C and with further following conditions;
(i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(ii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of his bail bond.
(iii) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the
Patna High Court CR. MISC. No.60091 of 2023(2) dt.07-10-2023 4/4
acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Mahesh/-
U T
2 issues framed by the court
Whether anticipatory bail is maintainable under Section 76(2) of the Bihar Prohibition and Excise Act, 2018.
Whether the petitioner, with clean antecedents and no recovery from conscious possession, is entitled to bail.
Colour shows how this judgement treated each authority
Ram Vinay Yadav Vs. State of BiharRelied on¶17
Ram Vinay Yadav Vs. State of Bihar, 2019 (2) PLJR 1089
2 provisions across 2 enactments
Shatrughan Kumar @ Shatrudhan Kumar
State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
