Verma Chaudhary Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Verma Chaudhary Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: release on arrest or surrender within six weeks on bail bonds of Rs. 500 with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; trial court to verify criminal antecedents before accepting bonds, failing which the bail order shall not be given effect to.

Issue for consideration

Whether anticipatory bail may be granted to the petitioner who apprehends arrest in connection with Azimabad P.S. Case No. 38 of 2024, registered for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. +2 more

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the learned Court below within a period of six weeks, the petitioner is to be released on furnishing bail bonds of Rs. 500 with two sureties of the like amount each, to the satisfaction of the learned court below where the case is pending/successor court, subject to the conditions laid down under Section 438(2) Cr.P.C.

Ratio / Principle

Effectiveness of the anticipatory bail order conditioned on antecedents: the learned trial court, before accepting the petitioner's bail bonds, shall verify the petitioner's criminal antecedents, and if the petitioner is found to have the antecedent of even one case, the present anticipatory bail order shall not be given effect to.

Detailed headnote1 paragraphs

PATNA HIGH COURT (Satyavrat Verma, J.) — Criminal Miscellaneous No. 53410 of 2024, oral order dated 05-08-2024, arising out of Azimabad P.S. Case No. 38 of 2024 (District Bhojpur): anticipatory bail GRANTED to Verma Chaudhary s/o Kariman Chaudhary apprehending arrest for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022; the underlying allegation is recovery of 14 litres of liquor from a gallon allegedly thrown by him. Counsel submitted that petitioner was a person of clean antecedent, was not arrested from the spot, that nothing was recovered from his conscious possession, that the gallon was not his, and that he was falsely implicated at the instance of the Chawkidar to save the real culprits; the A.P.P. opposed the prayer. Grant conditioned: arrest or surrender before the learned Court below within six weeks; bail bonds of Rs. 500 (two sureties of the like amount each); conditions of Section 438(2) Cr.P.C.; and the trial court, before accepting the bonds, shall verify criminal antecedents — if the antecedent of even one case is found, the anticipatory bail order shall not be given effect to.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53410 of 2024

Arising Out of PS. Case No.-38 Year-2024 Thana- AZIMABAD District- Bhojpur

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

VERMA CHAUDHARY SON OF KARIMAN CHAUDHARY R/O VILLAGE- MEHANDAWRA, P.S.- AZIMABAD, DISTT.- BHOJPUR

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Ms. Raju Singh, Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 05-08-2024

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

Allegation is of recovery of 14 litres of liquor from a gallon allegedly thrown by the petitioner.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a gallon which does not belong to the petitioner and he has been falsely implicated at the instance of the Chawkidar with a view to save the real culprits. It is further submitted that it absolutely does not stand to reason that how the Chawkidar identified

Patna High Court CR. MISC. No.53410 of 2024(2) dt.05-08-2024 2/2

the petitioner when petitioner is not known to him.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, let 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 court below where the case is pending/successor court in connection with Azimabad P.S. Case No. 38 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, the learned trial court, before accepting the bail bonds of the petitioner, shall verify the criminal antecedent of the petitioner and 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.

(Satyavrat Verma, J)

Kundan/-

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