Allowed¶17

Avinash Kumar Singh v. The State of Bihar

Patna HC18 Mar 2024CR. MISC./17317/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Bihar Prohibition and Excise Act, 2016; Bihar Prohibition and Excise Amendment Act, 2018; Sections 30(a), 32(i), 32(3); Sections 41(1) and 41(2); Section 438(2) Cr.P.C.; Excise P.S. Case No.805/2023, Aurangabad; recovery of 50 litres of liquor from motorcycle; owner not arrested from spot; clean antecedents; co-accused Santosh; bail bond Rs.500; Patna High Court; Satyavrat Verma, J.; CRIMINAL MISCELLANEOUS No.17317 of 2024.

What did the court decide?

Anticipatory bail granted: petitioner to be released on furnishing bail bonds of Rs.500 with two sureties of the like amount each, upon arrest or surrender before the court below within six weeks, subject to Section 438(2) Cr.P.C. conditions. ¶17

Avinash Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Excise P.S. Case No.805/2023 registered for offences under Sections 30(a), 32(i), 32(3) of the Bihar Prohibition and Excise Amendment Act, 2018 and Sections 41(1) and 41(2) of the Bihar Prohibition and Excise Act, 2016, should be released on anticipatory bail. +1 more

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Court's answer

The petitioner, in the event of his arrest or surrender before the court below within six weeks, is to be released on anticipatory bail on furnishing bail bonds of Rs.500 with two sureties of the like amount each, to the satisfaction of the trial court where Excise P.S. Case No.805/2023 is pending.

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Ratio / Principle

The anticipatory bail release is subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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Detailed headnote1 paragraphs

Anticipatory bail granted. The High Court of Judicature at Patna (Satyavrat Verma, J.), in CRIMINAL MISCELLANEOUS No.17317 of 2024 arising out of Excise P.S. Case No.805/2023, District Aurangabad, held that the petitioner Avinash Kumar Singh, apprehending arrest for offences punishable under Sections 30(a), 32(i), 32(3) of the Bihar Prohibition and Excise Amendment Act, 2018 and Sections 41(1) and 41(2) of the Bihar Prohibition and Excise Act, 2016, shall in the event of arrest or surrender before the court below within six weeks be released on anticipatory bail on furnishing bail bonds of Rs.500 with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C. Counsel had submitted the petitioner has clean antecedents, that 50 litres of liquor were allegedly recovered from a motorcycle owned by him though he was not arrested from the spot, and that co-accused Santosh, arrested from the spot, misused his vehicle.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17317 of 2024

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Arising Out of PS. Case No.-805 Year-2023 Thana- Excise P.S. District- Aurangabad

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====================================================== Avinash Kumar Singh SON OF TILKESHWAR PRASAD SINGH RESIDENT OF VILLAGE- SUNDARGANJ, PS- RISIYAP, DISTTAURANGABAD

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Ms. Mukul Kumari For the Opposite Party/s : Mr. Kumar Veerendra Narayan ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 18-03-2024

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a), 32(i), 32(3) of Bihar Prohibition and Excise Amendment Act, 2018 and Sections 41(1) and 41(2) of the Bihar Prohibition and Excise Act, 2016.

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 50 litres 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 he came to be implicated based on the fact that he is owner of the

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Patna High Court CR. MISC. No.17317 of 2024(2) dt.18-03-2024 2/2

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seized motorcycle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is further submitted that the petitioner was completely unaware that Santosh would misuse his vehicle in the manner as alleged, who was also arrested from the spot.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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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 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 Excise P.S. Case No.805/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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amit/-

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U T

Avinash Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Avinash Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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