Allowed

Mithu Kumar v. The State of Bihar

Patna HC5 Aug 2024CR. MISC./53371/2024

Case brief

AI extract

What is this about?

Allowed the petitioner's petition for anticipatory bail in a Bihar Prohibition and Excise Act case. Granted release upon surrender within six weeks in the trial court, subject to conditional bonds and antecedent verification.

What did the court decide?

Petitioner released on anticipatory bail if he surrenders to the trial court within six weeks, furnishing bail bonds and satisfying antecedents conditions.

Mithu Kumar Vs The State of Bihar — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53371 of 2024

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Arising Out of PS. Case No.-254 Year-2024 Thana- RANIGANJ District- Araria

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

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Mithu Kumar Son Of Birendra Yadav Village- Maujaha, Ward No. 02, PsBhargama, Dist- Araria

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Ms. Sharda Kumari ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 05-08-2024

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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 30(a) of Bihar Prohibition and Excise Act.

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 171 litres of liquor from a car. It is next submitted 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 car. It is next 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 thus submitted that the petitioner was completely unaware that

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Patna High Court CR. MISC. No.53371 of 2024(2) dt.05-08-2024 2/2

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his driver would misuse his vehicle in the manner as alleged.

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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 Raniganj P.S. Case No.254/2024, 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/- U T

Mithu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mithu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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