Ravindra Kumar @ Ravindra Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Ravindra Kumar @ Ravindra Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on arrest or surrender before the learned trial court within six weeks, on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; the order takes effect only if trial-court verification of criminal antecedents finds not more than four cases.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in a case registered for offences punishable under Section 30(a) of the Bihar Excise Act (Warisnagar P.S. Case No. 234 of 2021).

Court's answer

In the event of arrest or surrender before the learned trial court within six weeks, the petitioner is to be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned trial court (or successor court) where the case is pending, in connection with Warisnagar P.S. Case No. 234 of 2021.

Ratio / Principle

The anticipatory bail release is subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Key takeaways

The learned trial court, before accepting the petitioner's bail bonds, shall verify his criminal antecedents; if the petitioner is found to have antecedent of more than four cases, the present anticipatory bail order shall not be given effect to.ratio¶7

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED (Section 438 Cr.P.C.): Petitioner apprehending arrest in Warisnagar P.S. Case No. 234 of 2021 (District Samastipur), registered for offences punishable under Section 30(a) of the Bihar Excise Act following alleged recovery of 7.2 litres of liquor from a motorcycle, granted anticipatory bail. Counsel had submitted that the petitioner was not arrested at the spot, nothing was recovered from his conscious possession, he is not the owner of the seized motorcycle, and he was implicated based on the confessional statement of one Kundan made in police custody; petitioner reported to have antecedents in four cases. On arrest or surrender before the trial court within six weeks, petitioner to be released on bail bonds of Rs. 20,000/- with two sureties of like amount each, subject to Section 438(2) Cr.P.C. conditions. Trial court to verify criminal antecedents before accepting bonds; if antecedents of more than four cases are found, the anticipatory bail order shall not be given effect.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60742 of 2024

Arising Out of PS. Case No.-234 Year-2021 Thana- WARISNAGAR District- Samastipur

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

Ravindra Kumar @ Ravindra Yadav Bindeshwar Roy @ Bindeshwar Rai R/O- Madhuri Chowk, Ward No- 29, P.S- Samastipur Town, DistrictSamastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Shashank Shekhar For the Opposite Party/s : Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 22-08-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of four cases and allegation is of recovery of 7.2 litres of liquor from a motorcycle.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized motorcycle. It is next submitted that he came to be implicated based on confessional statement of Kundan in police

Patna High Court CR. MISC. No.60742 of 2024(2) dt.22-08-2024 2/2

custody which does not have any evidentiary value.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/(Rupees Twenty Thousand) 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 Warisnagar P.S. Case No. 234 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. 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 the petitioner has antecedent of more than four cases, in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J)

SUMIT/- U T