Allowed

Mantu Choudhary @ Abhishek Kumar v. the State of Bihar

Patna HC9 Sept 2024CR. MISC./49879/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in a Bihar Prohibition and Excise Act case alleging recovery of 135 liters of liquor from a motorcycle they claimed was not theirs. The court allowed the application with conditions on antecedents.

What did the court decide?

Anticipatory bail; release on furnishing bail-bonds of Rs.5000 with two sureties of like amount, within six weeks, subject to Section 438(2) Cr.P.C. conditions and antecedent verification.

Mantu Choudhary @ Abhishek Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49879 of 2024

¶2

Arising Out of PS. Case No.-16 Year-2024 Thana- MESKAUR District- Nawada

¶3

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

¶4

MANTU CHOUDHARY @ ABHISHEK KUMAR S/O PARMESHWAR CHAUDHARY R/O VILLAGE- HARLA, P.S- MESHKAUR, DISTT.NAWADA.

¶5

LAL BABU CHOUDHARY @ LAL BABU S/O RAM PRASAD CHAUDHARY R/O VILLAGE- BANDHI, P.S- MESHKAUR, DISTT.NAWADA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr.Amit Ranjan, Advocate For the Opposite Party/s : Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶11

4 09-09-2024

¶12

Heard learned counsel for the petitioners as well as

¶13

learned APP for the State.

¶14

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 30(a), 41 of the Bihar Prohibition and Excise Act in connection with Meshkaur P.S. Case No.16 of 2024.

¶15

The learned counsel for the petitioners submit that the petitioner no.1 has antecedent of one case and petitioner no.2 is a person with clean antecedent as would manifest from the pleadings made in the supplementary affidavit and the allegation is of recovery of 135 liters of liquor from a motorcycle.

¶16

Patna High Court CR. MISC. No.49879 of 2024(4) dt.09-09-2024 2/3

¶17

It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and are not the owner of the motorcycle and they came to be implicated based on confessional statement of Kundan in police custody which does not have any evidentiary value.

¶18

The learned APP for the State opposes the anticipatory bail application.

¶19

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-I, Nawada in connection with Meshkaur P.S. Case No.16 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

¶20

However, the learned trial court before accepting the bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event, if it is found that petitioner no.1 has antecedent of more than one case and

¶21

Patna High Court CR. MISC. No.49879 of 2024(4) dt.09-09-2024 3/3

¶22

petitioner no.2 has antecedent of even one case, in that event,

¶23

the present anticipatory bail order shall not be given effect to.

¶24

The application stands allowed.

¶25

(Satyavrat Verma, J)

¶26

Prakash Narayan U T

Mantu Choudhary @ Abhishek Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Mantu Choudhary @ Abhishek 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

Amit Kumar @ Amit Sahu Vs The State of Bihar

Sujit Kumar @ Sujit Kumar Das Vs The State of Bihar

Sanjiv Rai @ Sanjeeb Rai Vs the State of Bihar

Paspati Singh @ Pashupati Singh Vs The State of Bihar

Rohit Dubey Vs The State of Bihar

Sudhir Kumar Vs the State of Bihar