Allowed

Vivek Kumar Sah @ Vivek Sah v. The State of Bihar

Patna HC19 Aug 2024CR. MISC./59037/2024

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in an excise case alleging liquor smuggling. The court directed release upon arrest or surrender within six weeks, conditioned on furnishing bail bonds and verifying criminal antecedents.

What did the court decide?

Petitioner to be released on bail upon arrest or surrender within six weeks by furnishing bail bond of Rs.500/- with two sureties.

Vivek Kumar Sah @ Vivek Sah 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.59037 of 2024

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Arising Out of PS. Case No.-203 Year-2023 Thana- MANIHARI District- Katihar

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

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Vivek Kumar Sah @ Vivek Sah, Son of Sanjiv Kumar Sah Resident of Village- Hariganj, Mohalla- Katihar, P.S.- Katihar, District- Katihar

... ... Petitioner/s

Versus

2 19-08-2024

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kunwar Ajit Singh For the Opposite Party/s : Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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... ... Opposite Party/s

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Heard learned counsel for the petitioner and 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 Section 30(a) of the Excise Act.

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The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 15.66 litres of liquor from a Santro Car.

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The 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 vehicle. It is next submitted that no prudent person would use

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Patna High Court CR. MISC. No.59037 of 2024(2) dt.19-08-2024 2/3

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his own vehicle for committing a crime and thus, would create evidence against himself and hence, would get implicated. It is further submitted that petitioner was completely unaware that Pankaj Kumar Sah would misuse the vehicle in the manner as alleged, when admittedly petitioner is a person with clean antecedent.

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Learned A.P.P. opposes the 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.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judgecum- Exclusive Special Judge Excise Court No.2, Katihar in connection with Manihari P. S. Case No.203 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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The application stands allowed.

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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

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Patna High Court CR. MISC. No.59037 of 2024(2) dt.19-08-2024 3/3

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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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vikash/-

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U T

Vivek Kumar Sah @ Vivek Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vivek Kumar Sah @ Vivek Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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