Jay Sarkar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Jay Sarkar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail upon arrest or surrender within six weeks, on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C.; trial court to verify criminal antecedents before accepting bail bonds, failing which (any antecedent found) the order shall not be given effect to.

Issue for consideration

Whether the petitioner, apprehending arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 (Azamnagar (Salamari O.P.) P.S. Case No. 300 of 2022), should be released on anticipatory bail.

Court's answer

Anticipatory bail granted: the petitioner, in the event of his arrest or surrender before the learned 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, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

Conditional safeguard: the learned trial court shall verify the criminal antecedent of the petitioner before accepting the bail bonds, and if it is found that the petitioner has an antecedent of even one case, the present anticipatory bail order shall not be given effect to.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Satyavrat Verma, J) allowed the anticipatory bail application of Jay Sarkar apprehending arrest in Azamnagar (Salamari O.P.) P.S. Case No. 300 of 2022, District Katihar, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, wherein the allegation was recovery of 4.86 litres of liquor from a motorcycle and 5 litres of liquor from a place near Machhalipatti, Somari Hatiya. Petitioner contended he was not arrested from the spot, nothing was recovered from his conscious possession, and he was implicated only as owner of the seized motorcycle. Direction issued that on arrest or surrender within six weeks he be released on bail on furnishing bail bonds of Rs.500/- with two like sureties, subject to Section 438(2) Cr.P.C. conditions; trial court to verify criminal antecedents before accepting bail bonds — if even one case is found, the anticipatory bail order shall not be given effect to.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24178 of 2024

Arising Out of PS. Case No.-300 Year-2022 Thana- AAJAM NAGAR District- Katihar

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

Jay Sarkar S/o Ajit Sarkar R/o Village- Pardha P.S.- Raiganj, District- Uttar Dinajpur (W.B)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Suresh Prasad Sah @ Baranwal, Advocate For the Opposite Party/s : Mr. Md. Matloob Rab, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 03-04-2024

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

Allegation is of recovery of 4.86 litres of liquor from a motorcycle and 5 litres of liquor from a place near Machhalipatti, Somari Hatiya.

Learned counsel for the petitioner submits 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 the is owner of the seized motorcycle. It is further submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create

Patna High Court CR. MISC. No.24178 of 2024(2) dt.03-04-2024 2/2

evidence against himself and hence would get implicated. It is next submitted that petitioner was completely unaware that his friend Md. Sanobar would misuse the vehicle in the manner as alleged who was also apprehended from the spot.

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

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 court below where the case is pending/successor court in connection with Azamnagar (Salamari O.P.) P.S. Case No. 300 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, it is made clear that the learned trial court, before accepting the bail bonds of the petitioner, shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case in that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J)

Kundan/-

U T