Ajay Kumar v. The State of Bihar

Patna HC19 Aug 2024CR. MISC./58933/2024

Case brief

AI extract

What is this about?

Patna High Court, Satyavrat Verma, J., 19-08-2024, CR. MISC. No.58933 of 2024: anticipatory bail allowed in Bihar Prohibition and Excise Act case (Ss. 30(a), 32(ii), 41(i)), Goraul P.S. Case No.247 of 2024, Vaishali; alleged recovery of 214.56 liters of liquor from a car; bail bond Rs.5000 with two like sureties; conditional on trial court verifying criminal antecedents — order inoperative if more than one antecedent case.

What did the court decide?

Anticipatory bail: petitioner to be released on bail upon arrest or surrender within six weeks, on furnishing bail-bonds of Rs.5000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions and verification of criminal antecedents by the trial court. ¶¶21

Ajay Kumar 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 Goraul P.S. Case No.247 of 2024 registered for offences under Sections 30(a), 32(ii), 41(i) of the Bihar Prohibition and Excise 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 bail on furnishing bail-bonds of Rs.5000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No. I-cum-Additional District and Sessions Judge, Vaishali at Hajipur, subject to conditions under Section 438(2) Cr.P.C.

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Ratio / Principle

Conditional direction: the learned trial court shall verify the petitioner's criminal antecedent before accepting the bail bonds, and if the petitioner is found to have antecedent of more than one case, the present anticipatory bail order shall not be given effect.

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Detailed headnote1 paragraphs

Anticipatory bail granted under Section 438 Cr.P.C. in a case under Sections 30(a), 32(ii), 41(i) of the Bihar Prohibition and Excise Act (Goraul P.S. Case No.247 of 2024, District Vaishali), where the allegation was recovery of 214.56 liters of liquor from a car. Petitioner submitted he was not arrested from the spot, nothing was recovered from his conscious possession, he was not the owner of the seized vehicle, and he was implicated on secret information. Bail directed on furnishing bail-bonds of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each before the Exclusive Special Excise Court No. I-cum-Additional District and Sessions Judge, Vaishali at Hajipur, subject to Section 438(2) Cr.P.C. conditions. Trial court to verify criminal antecedent before accepting bail bonds; if antecedent of more than one case is found, the anticipatory bail order shall not be given effect.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58933 of 2024

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Arising Out of PS. Case No.-247 Year-2024 Thana- GORAUL District- Vaishali

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

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Ajay Kumar Son of Ramudesh Singh Resident of Village - Rasulpur Korigaon P.S. -Goraul, District - Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ======================================================

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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 as well as

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learned APP for the State.

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The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 32(ii), 41(i) of the Bihar Prohibition and Excise Act in connection with Goraul P.S. Case No.247 of 2024.

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The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 214.56 liters of liquor from a car.

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It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated based on based on secret information, which is the easiest way to implicate someone

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The learned APP for the State opposes the

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Patna High Court CR. MISC. No.58933 of 2024(2) dt.19-08-2024 2/2

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anticipatory bail application.

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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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. I- cum- Additional District and Sessions Judge, Vaishali at Hajipur in connection with Goraul P.S. Case No.247 of 2024, subject to the conditions 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 antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, in that event, the present anticipatory bail order shall not be given effect.

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The application stands allowed.

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(Satyavrat Verma, J)

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Prakash Narayan U T

Ajay Kumar v. The State of Bihar

Case brief

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Ajay Kumar v. The State of Bihar

Case brief

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What the court decided

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