Allowed

Sunil Kumar v. The State of Bihar

Patna HC18 Apr 2024CR. MISC./29031/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought in an excise case alleging recovery of 125 litres of liquor from the petitioner's auto. The court granted anticipatory bail with conditions, subject to verification that the petitioner had no criminal antecedents.

What did the court decide?

Anticipatory bail on furnishing Rs.5,000 bonds with two like sureties within six weeks, subject to Section 438(2) Cr.P.C. conditions and clean-antecedent verification.

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

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29031 of 2024

¶2

Arising Out of PS. Case No.-252 Year-2022 Thana- DIDARGANJ District- Patna

¶3

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

¶4

Sunil Kumar Son of Om Prakash R/o Mohalla - Chowk Shikarpur, Lalimli Fatak, P.S- Chowk, Dist- Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Awadhesh Kumar, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, A.P.P. ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶10

2 18-04-2024

¶11

Heard learned counsel for the petitioner and learned

¶12

A.P.P. for the State.

¶13

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act.

¶14

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

¶15

Allegation is of recovery of 125 litres of liquor from an

¶16

auto.

¶17

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 he is owner of the seized auto. It is further 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 next submitted that

¶18

Patna High Court CR. MISC. No.29031 of 2024(2) dt.18-04-2024 2/2

¶19

petitioner was completely unaware that his driver would misuse the vehicle in the manner as alleged when petitioner admittedly is a person with clean antecedent.

¶20

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

¶21

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.5,000/- (Rupees Five Thousand) 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 Didarganj P.S. Case No. 252 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

¶22

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.

¶23

(Satyavrat Verma, J)

¶24

Kundan/-

Sunil Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sunil Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mithilesh Kumar Mishra @Mithilesh Kumar @ Dr. Mithilesh Kumar Mishra Vs The State of Bihar

Ram Kumar Agarwal Vs The State of Bihar

Ranjay Kumar Vs The State of Bihar

Bhikhari Pal Vs The State of Bihar

Narayan Kumar Vs The State of Bihar

Khushboo Devi Vs the State of Bihar