Petitioner sought anticipatory bail in an excise case alleging recovery of over 317 litres of liquor from his father's husk house. Court noted his clean antecedents, absence of arrest from the spot, and granted anticipatory bail on furnishing bonds with two sureties, subject to Section 438(2) conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13960 of 2024
Arising Out of PS. Case No.-292 Year-2023 Thana- AURAI District- Muzaffarpur
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Santosh Kumar Son of Ram Kailash @ Ram Kailash Ray Resident of VillageDharampur, P.S.- Aurai, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Hari Kishore Thakur For the Opposite Party/s : Mr.Sanjay Kumar ======================================================
2 07-03-2024
1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the IPC and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of of 317.520 litre of liquor from the husk house of Ram Kailash Rai.
4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is further submitted that petitioner came to be implicated based on the fact that he is son of Ram Kailash Rai. It is also submitted that husk house is a place outside the house and as such is accessible to villagers at
Patna High Court CR. MISC. No.13960 of 2024(2) dt.07-03-2024 2/2
large. It is next submitted that no prudent person would use his own premises for committing an occurrence and would create evidence against himself and hence would get implicated. It is next submitted that since the house was in the name of his father, as such he was arrested and he was made to confess about the involvement of the petitioner when petitioner admittedly is a person with clean antecedent. It is also submitted that no father would ever implicate his own son.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Aurai P.S. Case No. 292 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
SUMIT/-
1 issue framed by the court
Whether a petitioner with clean antecedents, not arrested from the spot and allegedly implicated as the son of the premises owner, should be granted anticipatory bail in an excise liquor recovery case
3 provisions across 3 enactments
Santosh Kumar
The State of Bihar Patna
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
