Allowed¶21

Sudheer Yadav @ Chuhwa v. The State of Bihar

Patna HC19 Aug 2024CR. MISC./58899/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Patna High Court CR. MISC. No.58899 of 2024; Satyavrat Verma J; 19-08-2024; Silao P.S. Case No. 133 of 2024; Nalanda; Section 30(a) Bihar Prohibition and Excise (Amendment) Act, 2022; Section 438(2) Cr.P.C.; recovery of 45.7 litres liquor; Rinku Devi; Chawkidar; bail bond Rs.15,000/- two sureties; criminal antecedent verification condition; Sudheer Yadav @ Chuhwa.

What did the court decide?

Anticipatory bail granted: release upon arrest or surrender within six weeks on bail bonds of Rs.15,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions, and contingent on trial-court verification of criminal antecedents (order not to take effect if more than three cases). ¶21

Sudheer Yadav @ Chuhwa 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, who apprehends arrest in Silao P.S. Case No. 133 of 2024 (offence punishable under Section 30(a), Bihar Prohibition and Excise (Amendment) Act, 2022) and is stated to have antecedents of three cases, should be released on anticipatory bail.

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Court's answer

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.15,000/- with two sureties of the like amount each, to the satisfaction of the court below in connection with Silao P.S. Case No. 133 of 2024, subject to the conditions laid down under Section 438(2) Cr.P.C.

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Ratio / Principle

The learned trial court, before accepting the petitioner's bail bonds, shall verify his criminal antecedents; if he is found to have antecedents of more than three cases, the present anticipatory bail order shall not be given effect to.

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Detailed headnote1 paragraphs

Patna High Court (oral order, Satyavrat Verma J, 19-08-2024) grants anticipatory bail to Sudheer Yadav @ Chuhwa, who apprehends arrest in Silao P.S. Case No. 133 of 2024 (District Nalanda) for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. Allegation: recovery of 45.7 litres of liquor from a place near the canal adjacent to the house of Rinku Devi. Counsel submitted that the petitioner was not arrested from the spot, nothing was recovered from his conscious possession, the recovery spot does not belong to him and is accessible to the public, and he was implicated at the instance of the Chawkidar with whom he is on inimical terms; the A.P.P. opposed the prayer. Bail ordered on furnishing bonds of Rs.15,000/- with two sureties of the like amount each upon arrest or surrender within six weeks, subject to Section 438(2) Cr.P.C. conditions; the trial court is directed to verify criminal antecedents before accepting bail bonds, and if antecedents exceed three cases the anticipatory bail order shall not be given effect.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58899 of 2024

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Arising Out of PS. Case No.-133 Year-2024 Thana- SILAO District- Nalanda

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

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Sudheer Yadav @ Chuhwa S/o Late Rambilash Yadav R/o Village- Motiya Bigha, P.S.- Silao, District- Nalanda

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bishwa Bijay Kumar, Advocate For the Opposite Party/s : Mr. Rabindra Kumar, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 19-08-2024

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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 the Bihar Prohibition and Excise (Amendment) Act, 2022.

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

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Allegation is of recovery of 45.7 litres of liquor from a place near the canal adjacent to the house of Rinku Devi.

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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 is accessible to public at large. It is further submitted that petitioner came to be implicated at the instance of the Chawkidar with whom he is on an inimical term. It is next submitted that once a person is

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Patna High Court CR. MISC. No.58899 of 2024(2) dt.19-08-2024 2/2

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made an accused in a case relating to liquor the police start implicating mechanically.

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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.15,000/- (Rupees Fifteen 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 Silao P.S. Case No. 133 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 three 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

Sudheer Yadav @ Chuhwa v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sudheer Yadav @ Chuhwa v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

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