High Court at Patna granted anticipatory bail to petitioners apprehending arrest in a Bihar Excise Act case, directing surrender within six weeks.
Petitioners granted anticipatory bail on surrendering within six weeks with Rs. 500 bond and two sureties.
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.15188 of 2024
Arising Out of PS. Case No.-203 Year-2019 Thana- MAHARAJGANJ District- Siwan
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Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mthilesh Kumar For the Opposite Party/s : Mr.Sanjay Kumar Sharma
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a), 36 and 41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and allegation is of recovery of 6 litres of liquor from the backyard of Babua Choudhary and 8 litres of liquor from the house of one Krishna Choudhary.
4. Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession. It is also submitted that even alleged recovery is from a place which does not
Patna High Court CR. MISC. No.15188 of 2024(2) dt.12-03-2024 2/2
belong to the petitioners and the petitioners are not related to either Babua Choudhary or Krishna Choudhary. It is next submitted that they came to be implicated based on confessional statements of apprehended accused in police custody, which does not have any evidentiary value, when petitioners admittedly are persons with clean antecedents.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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) each 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 Maharajganj P.S. Case No. 203 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
SUMIT/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to petitioners apprehending arrest in the Bihar Excise Act case.
1 provisions across 1 enactments
Om Prakash Choudhary
Raj Kishore Choudhary
State of Bihar
SATYAVRAT VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
