Allowed

Abdul Latif v. The State of Bihar

Patna HC9 Aug 2024CR. MISC./56461/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by petitioner apprehending arrest in an excise case over recovery of 250 ml of liquor from his car; court granted anticipatory bail with conditions, directing trial court to verify antecedents before accepting bail bonds.

What did the court decide?

Anticipatory bail on furnishing Rs. 500 bail bonds with two like sureties, on surrender within six weeks, subject to Section 438(2) Cr.P.C. conditions and verification of antecedents.

Abdul Latif 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.56461 of 2024

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Arising Out of PS. Case No.-454 Year-2022 Thana- Excise P.S. District- Kishanganj

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

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Abdul Latif Son of Moazzam Hossain R/o Village- Pachim Fatehpur, P.S.Karandighi, District- Uttar Dinajpur (W.B.)

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Upendra Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 09-08-2024

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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 offences punishable under Sections 30(a), 32(3) and 37 of the Bihar 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 250 ml of liquor from a Car.

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Learned counsel for the petitioner submits 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 also

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Patna High Court CR. MISC. No.56461 of 2024(2) dt.09-08-2024 2/2

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submitted that petitioner was completely unaware that Imran would misuse the vehicle in the manner as alleged who was also apprehended from the spot along with Sanarul and Anjarul.

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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 trial court 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 Madya Nisedh P.S. Case No. 454 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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However, it is made clear 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 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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Rishabh/-

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U T

Abdul Latif v. The State of Bihar

Case brief

What is this about?

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Abdul Latif v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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