Lalit Chaupal Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Lalit Chaupal Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner, upon arrest or surrender before the learned Court below within six weeks, to be released on bail on furnishing bail-bonds of Rs.10,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) of the Cr.P.C., in connection with Sakatpur P.S. Case No.36 of 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Sakatpur P.S. Case No.36 of 2023 (District Darbhanga) registered under Section 30(A) of the Bihar Prohibition and Excise Act, should be released on anticipatory bail.

Court's answer

In the event of the petitioner's arrest or surrender before the learned Court below within a period of six weeks, the petitioner is directed to be released on bail on furnishing bail-bonds of Rs.10,000/- (with two sureties of the like amount each) to the satisfaction of the learned Court below where Sakatpur P.S. Case No.36 of 2023 is pending, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail – Bihar Prohibition and Excise Act, S. 30(A) – petitioner implicated in Sakatpur P.S. Case No.36 of 2023, District Darbhanga; counsel submitted that the petitioner has antecedents of two cases, that the allegation relates to recovery of 21 liters of liquor from a motorcycle, that the petitioner was not arrested from the spot and owns no motorcycle, and that his implication rests solely on the confessional statement of Arjun Chaupal made in police custody, which lacks evidentiary value – considering the counsel's submissions, the petitioner, in the event of arrest or surrender before the learned Court below within six weeks, is directed to be released on bail on furnishing bail-bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Cr.P.C. – application allowed. (Satyavrat Verma, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12920 of 2024

Arising Out of PS. Case No.-36 Year-2023 Thana- SAKATPUR District- Darbhanga

======================================================

Lalit Chaupal Son of Asharfi Chaupal Resident of Village - Pokhar Bhinda, P.S.- Sakatpur, District - Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 05-03-2024

Heard learned counsel for the petitioner as well as

learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(A) of the Bihar Prohibition and Excise Act.

The learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 21 liters of liquor from a motorcycle.

It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the motorcycle he came to be implicated based on the confessional statement of Arjun Chaupal in police custody, which does not have any evidentiary value.

The learned APP for the State opposes the

Patna High Court CR. MISC. No.12920 of 2024(2) dt.05-03-2024 2/2

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 bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sakatpur P.S. Case No.36 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J)