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Feku Sah @ Feku Kaper v. The State of Bihar

Patna HC29 Jul 2024CR. MISC./50424/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in a Sitamarhi excise case involving alleged recovery of 720 litres of liquor from a Scorpio vehicle, claiming false implication at the instance of a chowkidar. Court granted anticipatory bail subject to Section 438(2) Cr.P.C. conditions and verification of antecedents.

What did the court decide?

Anticipatory bail on furnishing bail bond of Rs.500/- with two sureties of like amount, subject to Section 438(2) Cr.P.C. conditions and antecedent verification.

Feku Sah @ Feku Kaper 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.50424 of 2024

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Arising Out of PS. Case No.-265 Year-2024 Thana- SITAMARHI District- Sitamarhi

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

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Feku Sah @ Feku Kaper S/o- Jhumak Sah Village- Bhasar North Machhaha Ps- Sitamarhi Dist- Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Ms. Sangeeta Sharma ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 29-07-2024

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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 the I.P.C. and Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 720 litres of liquor from a Scorpio vehicle. 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 next submitted that police in majority of the cases implicates innocent persons either at the behest of chowkidar or local persons. It is also submitted that petitioner is not known to the chowkidar but still he came to be implicated which

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Patna High Court CR. MISC. No.50424 of 2024(2) dt.29-07-2024 2/2

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amply demonstrates that chowkidar in order to save the real culprit falsely implicated the petitioner.

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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 trial court where the case is pending/successor court in connection with Sitamarhi P.S. Case No.265/2024, 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 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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amit/-

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U T

Feku Sah @ Feku Kaper v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Feku Sah @ Feku Kaper v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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