Anticipatory bail plea by a person implicated in an excise case over alleged recovery of 8.64 litres of liquor from another's house; the court granted conditional pre-arrest bail with verification of criminal antecedents.
Anticipatory bail on furnishing bonds of Rs.10,000 with two like sureties upon arrest/surrender within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53679 of 2024
Arising Out of PS. Case No.-257 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai
======================================================
Tuntun Kumar SON OF LATE HARE RAM SINGH @ LATE HARERAM SINGH VILLAGE- KAPASIYA, WARD NO. 13, PS- BEGUSARAI TOWN, DIST- BEGUSARAI
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amit Narayan For the Opposite Party/s : Ms.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 05-08-2024
1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 8.64 litres of liquor from the house of Vinod Yadav.
4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and he came to be implicated at the instance of local people, but
Patna High Court CR. MISC. No.53679 of 2024(2) dt.05-08-2024 2/3
then the name of the person, who disclosed the name of the petitioner is not disclosed in the FIR, which casts an aspersion on the case of the prosecution. It is also submitted that in majority of the cases, the police, in a mechanical manner, implicates either at the instance of Chowkidar or local person without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) 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 (Begusarai Government Official) Complaint Case No. 257 C2/2018 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. 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
Patna High Court CR. MISC. No.53679 of 2024(2) dt.05-08-2024 3/3
found that the petitioner has antecedent of more than two cases, in that event the present anticipatory bail order shall not be given effect to.
(Satyavrat Verma, J)
SUMIT/-
U T
1 issue framed by the court
Whether the petitioner apprehending arrest under Section 30(a) Bihar Excise Act should be granted anticipatory bail despite two criminal antecedents.
2 provisions across 2 enactments
Tuntun Kumar son of Late Hare Ram Singh @ Late Hareram Singh
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
