Allowed¶19

Raja Kumar @ Raja Kumar Sahani v. The State of Bihar

Patna HC13 Aug 2024CR. MISC./57608/2024

Case brief

AI extract

What is this about?

Anticipatory bail granted; Bihar Prohibition and Excise Amendment Act S.30(a); recovery of 15 litres of liquor; joint family property; deemed possession done away with after 2018 amendment; Hasanpur P.S. Case No.14/2024; Samastipur; Cr.P.C. S.438(2) conditions; bail bond Rs.500 with two sureties; verification of criminal antecedents; Patna High Court CR. MISC. No.57608 of 2024; decided 13-08-2024 by Justice Satyavrat Verma.

What did the court decide?

Anticipatory bail granted to the petitioner: release on arrest or surrender within six weeks on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C.; trial court to verify criminal antecedents before accepting bail bonds, failing which the order shall not be given effect to. ¶19

Raja Kumar @ Raja Kumar Sahani 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 Hasanpur P.S. Case No.14/2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, is entitled to anticipatory bail.

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Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the learned Court below within six weeks, the petitioner is to be released on anticipatory bail on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) Cr.P.C., in connection with Hasanpur P.S. Case No.14/2024.

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Ratio / Principle

The benefit of the anticipatory bail order is conditional on the trial court verifying the petitioner's criminal antecedents before accepting the bail bonds; if the petitioner is found to have an antecedent of even one case, the present anticipatory bail order shall not be given effect to.

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Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court allowed the prayer of a petitioner apprehending arrest in Hasanpur P.S. Case No.14/2024, registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act (allegation of recovery of 15 litres of liquor from a joint family house; petitioner alleged implication at instance of a chowkidar with whom he was on inimical terms). Petitioner directed to be released on anticipatory bail, on arrest or surrender within six weeks, on furnishing bail bonds of Rs.500/- (Rupees five hundred) with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C. Trial court to verify criminal antecedents before accepting bail bonds; if even one antecedent is found, the anticipatory bail order shall not be given effect to. (Satyavrat Verma, J.)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57608 of 2024

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Arising Out of PS. Case No.-14 Year-2024 Thana- HASANPUR District- Samastipur

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

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Raja Kumar @ Raja Kumar Sahani Son of Ranjeet Mukhiya Resident of VillGodah, P.S.- Hasanpur, District- Samastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Hriday Kant Mishra For the Opposite Party/s : Mr. Nand Kumar ======================================================

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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

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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 Amendment 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 15 litres of liquor from the house of the petitioner. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with. It is also submitted that the house in question is a joint family property as such it cannot be alleged with certainty that it was petitioner, who had kept the liquor in the house or the liquor kept in

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Patna High Court CR. MISC. No.57608 of 2024(2) dt.13-08-2024 2/2

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the house was within his knowledge and he came to be implicated at the instance of chowkidar 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, 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 Hasanpur P.S. Case No.14/2024, 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/-

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U T

Raja Kumar @ Raja Kumar Sahani v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Raja Kumar @ Raja Kumar Sahani v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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