Allowed¶20

Mantu Kumar v. The State of Bihar

Patna HC5 Jul 2024CR. MISC./26715/2024

Case brief

AI extract

What is this about?

Anticipatory bail granted; Bihar Prohibition and Excise Act, 2016 Ss. 41(1), 41(2); Bihar Prohibition and Excise (Amendment) Act, 2018 Ss. 30(a), 32(1), 32(3); Section 438(2) Cr.P.C. conditions; recovery of 319.680 litres of liquor from Scorpio vehicle; clean antecedent verification condition; Excise P.S. Case No. 854 of 2023; G.R. No. 1531 of 2023; District Aurangabad; bail bond Rs.500 with two like sureties; Satyavrat Verma, J.

What did the court decide?

Anticipatory bail: petitioner, on arrest or surrender within six weeks, to be released on bail bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions and subject to verification of criminal antecedents by the trial court before acceptance of the bail bonds. ¶20

Mantu Kumar 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. 854 of 2023 registered for offences under the Bihar Prohibition and Excise (Amendment) Act, 2018 and the Bihar Prohibition and Excise Act, 2016, is entitled to anticipatory bail despite the State's opposition.

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Court's answer

In the event of the petitioner's arrest or surrender before the learned court below within six weeks, he 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 court below, subject to the conditions under Section 438(2) Cr.P.C.

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Ratio / Principle

The grant of anticipatory bail is made conditional on antecedent verification: before accepting the bail bonds, the learned trial court shall verify the petitioner's criminal antecedents, and if the petitioner is found to have an antecedent of even one case, the present anticipatory bail order shall not be given effect to.

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Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.) allowed an anticipatory bail application in Criminal Miscellaneous No.26715 of 2024 arising out of Excise P.S. Case No. 854 of 2023 (G.R. No. 1531 of 2023), District Aurangabad, wherein the petitioner apprehended arrest for offences punishable under Sections 30(a), 32(1) and 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, on an allegation of recovery of 319.680 litres of liquor from a Scorpio vehicle. Counsel contended the petitioner had clean antecedents, was not arrested from the spot, and nothing was recovered from his conscious possession; the A.P.P. opposed. The Court directed that, in the event of arrest or surrender before the learned court below within six weeks, the petitioner be released on anticipatory bail on bail bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C., and further directed the learned trial court to verify the petitioner's criminal antecedents before accepting the bail bonds, failing which - if even one antecedent case is found - the anticipatory bail order shall not be given effect to.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26715 of 2024

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Arising Out of PS. Case No.-854 Year-2023 Thana- Excise P.S. District- Aurangabad

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

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Mantu Kumar S/O Ramdeni Yadav R/O village Lal Bigha, PS- Muffasil, District- Aurangabad

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Mukul Kumari, Advocate For the Opposite Party/s : Mr. Nand Kumar, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 05-07-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32(1) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018 as well as 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.

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Allegation is of recovery of 319.680 litres of liquor from Scorpio vehicle.

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Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized vehicle and petitioner came to be implicated based on the secret information which is the easiest way to implicate some one,

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Patna High Court CR. MISC. No.26715 of 2024(3) dt.05-07-2024 2/2

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when admittedly petitioner is a person with clean antecedent.

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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 court below where the case is pending/successor court in connection with G.R. No. 1531 of 2023 arising out of Excise P.S. Case No. 854 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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However, 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.

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(Satyavrat Verma, J)

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Kundan/-

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U T

Mantu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mantu Kumar 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

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Parties & counsel

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