Allowed¶21

Chhathu Paswan v. The State of Bihar

Patna HC13 Aug 2024CR. MISC./57456/2024

Case brief

AI extract

What is this about?

Patna High Court; Criminal Miscellaneous No.57456 of 2024; decided 13-08-2024; Satyavrat Verma (J); Chhathu Paswan v. The State of Bihar; anticipatory bail; Section 30(a) Bihar Prohibition and Excise (Amendment) Act 2022; Section 438(2) Cr.P.C.; Rajpur P.S. Case No. 106 of 2024; Rohtas; liquor recovery (5 litres and 8 litres); bail bond Rs.10,000 with two sureties; conditional on verification of criminal antecedents (order void if more than two cases).

What did the court decide?

Anticipatory bail: release upon arrest or surrender before the learned Court below within six weeks, on bail bonds of Rs.10,000 with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; effective only if the trial court's verification shows antecedents do not exceed two cases. ¶21

Chhathu Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Rajpur P.S. Case No. 106 of 2024 for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, should be released on anticipatory bail.

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Court's answer

Anticipatory bail granted: petitioner, in the event of arrest or surrender before the learned Court below within six weeks, to be released on bail on furnishing bail bonds of Rs.10,000 with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) Cr.P.C.

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Ratio / Principle

Grant made conditional on antecedents: the learned trial court shall verify the petitioner's criminal antecedent before accepting the bail bonds, and if the petitioner is found to have antecedents of more than two cases, the present anticipatory bail order shall not be given effect to.

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Detailed headnote1 paragraphs

Anticipatory bail granted - Patna High Court, Criminal Miscellaneous No.57456 of 2024, oral order dated 13-08-2024 (Satyavrat Verma, J) - Petitioner Chhathu Paswan apprehended arrest in Rajpur P.S. Case No. 106 of 2024 (Thana Rajpur, District Rohtas) for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022; allegation of recovery of 5 litres of liquor from a place in front of the house of Piyara Bhuiyan and 8 litres from a sack allegedly thrown by the petitioner; petitioner pleaded non-arrest from the spot, absence of conscious possession, and implication at the instance of the Chawkidar owing to enmity - Petitioner to be released on anticipatory bail, on arrest or surrender within six weeks, on bail bonds of Rs.10,000 with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions, with the trial court directed to verify criminal antecedents and withhold effect to the order if antecedents exceed two cases.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57456 of 2024

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Arising Out of PS. Case No.-106 Year-2024 Thana- RAJPUR District- Rohtas

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Chhathu Paswan S/o Ram Tapasaya Ram R/o Village Baligaon PS Rajpur Dist Rohtas

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma, A.P.P.

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

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 13-08-2024

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Heard learned counsel for the petitioner and learned 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 the Bihar Prohibition and Excise (Amendment) Act, 2022.

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Learned counsel for the petitioner submits that petitioner has antecedent of two cases.

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Allegation is of recovery of 5 litres of liquor from a place in front of the house of Piyara Bhuiyan and 8 litres of liquor from a sack allegedly thrown by the petitioner.

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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 even the alleged recovery is from a place which does not belong to the petitioner and he has no concern with the sack. It is further submitted that

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Patna High Court CR. MISC. No.57456 of 2024(2) dt.13-08-2024 2/2

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petitioner came to be implicated at the instance of the Chawkidar with whom he is on an inimical term.

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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, 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.10,000/(Rupees Ten Thousand) 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 Rajpur P.S. Case No. 106 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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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 more than two cases 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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Kundan/-

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U T

Chhathu Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chhathu Paswan v. The State of Bihar

Case brief

What is this about?

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