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Randhir Kumar @ Randhir Bhagat v. The State of Bihar

Patna HC11 Jul 2024CR. MISC./45189/2024

Case brief

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What is this about?

Anticipatory bail application in a case of alleged recovery of 68.4 litres of liquor from a vehicle under IPC Section 414 and the Bihar Prohibition and Excise Act. The petitioner claimed he was not arrested at the spot and was falsely implicated. Bail was granted subject to verification of criminal antecedents.

What did the court decide?

Anticipatory bail on furnishing bonds of Rs.5000 with two sureties of like amount, subject to surrender within six weeks and antecedent verification.

Randhir Kumar @ Randhir Bhagat Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45189 of 2024

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Arising Out of PS. Case No.-66 Year-2024 Thana- MOTIPUR District- Muzaffarpur

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

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Randhir Kumar @ Randhir Bhagat Son of Sunil Kumar @ Sunil Bhagat Resident of Village - Bathna, P.S.- Motipur, District - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Upendra Kumar Chaubey For the Opposite Party/s : Mr. Kalyan Shankar ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 11-07-2024

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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 offence punishable under Section 414 of I.P.C & Section 30(a) of Bihar Prohibition and Excise Act.

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Learned counsel for the petitioner submits that petitioner has antecedent of one case, as pleaded in the supplementary affidavit and allegation is of recovery of 68.4 litres of liquor from a Mahindra Xylo car. It is next submitted 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 he came to be implicated at the instance of chowkidar. It is also submitted that the police in majority of the cases is implicating the accused either at the

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Patna High Court CR. MISC. No.45189 of 2024(2) dt.11-07-2024 2/2

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instance of chowkidar or local persons.

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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.5000/- (Rupees five thousand) 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 Motipur P.S. Case No.66/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than 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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amit/- U T

Randhir Kumar @ Randhir Bhagat v. The State of Bihar

Case brief

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Randhir Kumar @ Randhir Bhagat v. The State of Bihar

Case brief

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What did the court decide?

What the court decided

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