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

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

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on arrest or surrender before the trial Court within six weeks, on furnishing bonds of Rs 500/- with two sureties of like amount each, subject to Section 438(2) CrPC conditions; bail order conditional on trial Court verifying criminal antecedents, failing which the order shall not operate.

Issue for consideration

Whether petitioner Pintu Singh, who apprehends arrest in Mahua PS Case No. 69 of 2024 (registered for offences under Sections 272, 273, 467, 414, 120B IPC and Sections 30(a), 32(1)(2), 36, 41(2)(1) Bihar Excise Act), qualifies for release on anticipatory bail under Section 438(2) CrPC.

Court's answer

Anticipatory bail granted: in the event of his arrest or surrender before the learned trial Court within a period of six weeks, the petitioner shall be released on anticipatory bail on furnishing bonds of Rs 500/- (Rupees Five Hundred) with two sureties of the like amount each, to the satisfaction of the trial Court where Mahua PS Case No 69 of 2024 is pending, subject to the conditions laid down under Section 438(2) CrPC.

Ratio / Principle

Condition imposed by this Court: the trial Court shall verify the criminal antecedent of the petitioner before accepting his bail bonds.

Key takeaways

Nullification clause: if the petitioner is found to have even one criminal antecedent, the present anticipatory bail order shall not be given effect.ratio¶¶20

Detailed headnote1 paragraphs

Anticipatory bail granted - Pintu Singh v. The State of Bihar (Patna High Court, Criminal Miscellaneous No 24709 of 2024, Satyavrat Verma J., oral order dated 03-04-2024): petitioner apprehending arrest in Mahua PS Case No 69 of 2024 (District Vaishali), registered for offences under Sections 272, 273, 467, 414, 120B of the IPC and Sections 30 (a), 32 (1) (2), 36, 41 (2) (1) of the Bihar Excise Act. Counsel had submitted that the allegation concerned recovery of 6320.520 liters of foreign liquor from a truck, that the petitioner was not arrested from the spot, was neither owner nor driver of the seized truck, and had clean antecedents. Court held: on arrest or surrender before the trial Court within six weeks, petitioner to be released on anticipatory bail on bonds of Rs 500/- (Rupees Five Hundred) with two sureties of like amount each, subject to Section 438 (2) CrPC conditions; further conditioned that the trial Court shall verify the petitioner's criminal antecedents before accepting bail bonds and, if even one antecedent is found, the anticipatory bail order shall not be given effect.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No 24709 of 2024

Arising Out of PS. Case No.-69 Year-2024 Thana- MAHUA District- Vaishali

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

Pintu Singh Son of Upendra Singh Resident of Village- Garha @ Gadha, P.S.Patepur, Dist.- Vaishali, Bihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr Mrityunjay Kumar, Advocate For the Opposite Party/s : Mr Bharat Lal, APP ======================================================

CORAM: HONOURABLE MR JUSTICE SATYAVRAT VERMA

ORAL ORDER

2 03-04-2024 Heard learned counsel for the petitioner and the

learned APP for the State.

2 The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273, 467, 414, 120B of the IPC and Sections 30 (a), 32 (1) (2), 36, 41 (2) (1) of the Bihar Excise Act.

3 Learned counsel for the petitioner submits that the petitioner has no antecedent and allegation is of recovery of 6320.520 liters of foreign liquor from a truck. It is next submitted that the petitioner was not arrested from the spot and, as such nothing was recovered from his conscious possession and he is not the owner nor the driver of the seized truck. It is also submitted that the petitioner came to be implicated based on secret information which is the easiest way to implicate

Patna High Court CR. MISC. No.24709 of 2024(2) dt.03-04-2024 2/2

someone and police falsely implicated the petitioner when petitioner, admittedly, is a person with clean antecedent.

4 Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

5 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 his furnishing 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 Mahua PS Case No 69 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr P C.

6 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 in the event if it is found that petitioner has even one antecedent, in that event, the present anticipatory bail order shall not be given effect.

(Satyavrat Verma, J)

M.E.H. /-