Allowed¶24

Paspati Singh @ Pashupati Singh v. The State of Bihar

Patna HC9 Sept 2024CR. MISC./50191/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438(2) Cr.P.C.; Section 30(a) Bihar Prohibition and Excise Act; Gopalpur P.S. Case No.72 of 2024, Gopalganj; liquor recovery 09 litres from motorcycle; five criminal antecedents; bail bonds Rs.25,000 with two sureties; Special Excise Court No.II Gopalganj; conditional bail order; Patna High Court; Satyavrat Verma; Criminal Miscellaneous No.50191 of 2024; 09-09-2024.

What did the court decide?

Anticipatory bail: petitioner to be released on bail upon arrest or surrender within six weeks on furnishing bail-bonds of Rs.25,000/- with two like sureties before ADJ-IV-cum-Special Excise Court No.II, Gopalganj, subject to Section 438(2) Cr.P.C. conditions and trial-court verification of antecedents (order ineffective if more than five antecedent cases). ¶24

Paspati Singh @ Pashupati Singh 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, implicated in Gopalpur P.S. Case No.72 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, is entitled to anticipatory bail.

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Court's answer

In the event of the petitioner's arrest or surrender before the Court below within six weeks, he is directed to be released on bail on furnishing bail-bonds of Rs.25,000/- with two sureties of the like amount each.

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Ratio / Principle

The bail-bonds are to be furnished to the satisfaction of the learned Additional District and Sessions Judge-IV-Cum-Special Excise Court No.II, Gopalganj in connection with Gopalpur P.S. Case No.72 of 2024.

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Key takeaways

The release is subject to the conditions laid down under Section 438(2) of the Cr.P.C.ratio¶20
Before accepting the petitioner's bail bonds, the learned trial court shall verify the petitioner's criminal antecedents.ratio¶21
If the petitioner is found to have antecedents of more than five cases, the present anticipatory bail order shall not be given effect.ratio

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J), Criminal Miscellaneous No.50191 of 2024, oral order dated 09-09-2024: anticipatory bail granted to Paspati Singh @ Pashupati Singh sought in anticipation of arrest in Gopalpur P.S. Case No.72 of 2024 (District Gopalganj), registered under Section 30(a) of the Bihar Prohibition and Excise Act, with alleged recovery of 09 litres of liquor from a motorcycle and five antecedent cases noted. On arrest or surrender within six weeks, petitioner to be released on bail-bonds of Rs.25,000/- with two like sureties to the satisfaction of the Additional District and Sessions Judge-IV-Cum-Special Excise Court No.II, Gopalganj, subject to Section 438(2) Cr.P.C. conditions; trial court to verify criminal antecedents and, if more than five antecedent cases are found, the anticipatory bail order shall not be given effect. Application allowed. No precedent cited.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50191 of 2024

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Arising Out of PS. Case No.-72 Year-2024 Thana- GOPALPUR District- Gopalganj

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====================================================== Paspati Singh @ Pashupati Singh S/O Utim Singh R/O VILLAGEBHAGWANPUR, PS- KATEYA, DISTRICT- GOPALGANJ,BIHAR

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

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3 09-09-2024

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Heard learned counsel for the petitioner as well as

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learned APP for the State.

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The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act in connection with Gopalpur P.S. Case No.72 of 2024.

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The learned counsel for the petitioner submits that the petitioner has antecedent of five cases and allegation is of recovery of 09 liters of liquor from a motorcycle.

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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

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Patna High Court CR. MISC. No.50191 of 2024(3) dt.09-09-2024 2/3

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came to be implicated at the instance of local people, but then it is submitted that police in majority of the cases implicates either at the instance of the ‘Chowkidar’, local person, secret information or confessional statement in a mechanical manner without holding proper investigation.

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

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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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-IV-Cum-Special Excise Court No.II, Gopalganj in connection with Gopalpur P.S. Case No.72 of 2024, subject to the conditions 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 antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than five cases, in that event, the present anticipatory bail order shall not be given

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Patna High Court CR. MISC. No.50191 of 2024(3) dt.09-09-2024 3/3

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effect.

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The application stands allowed.

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(Satyavrat Verma, J)

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Prakash Narayan U T

Paspati Singh @ Pashupati Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Paspati Singh @ Pashupati Singh 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

Procedural history

Parties & counsel

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