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

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

What the court decided

AI extract

Outcome

Anticipatory bail: upon arrest or surrender before the learned trial court within six weeks, release on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to conditions under Section 438(2) CrPC; trial court to first verify criminal antecedents, failing which the order is not to be given effect.

Issue for consideration

Whether the petitioner, apprehending arrest in Phulwariya P.S. Case No. 267 of 2022 (offence under Section 30(a), Bihar Excise Act; alleged recovery of 258.84 liters of liquor), should be released on anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the learned trial court within six weeks, the petitioner is to be released on bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each, to the satisfaction of the trial court where the case is pending, subject to conditions under Section 438(2) CrPC.

Ratio / Principle

Condition imposed: the learned trial court shall, before accepting the petitioner's bail bonds, verify his criminal antecedents; if even one prior case is found, the present anticipatory bail order shall not be given effect to.

Key takeaways

Passing observation while deciding this matter alongside other excise matters listed that day: 29 excise cases involving 34 petitioners were taken up, of whom 16 had clean antecedents, and the aggregate quantity allegedly seized across those matters was 5040.68 liters of liquor along with 3520 liters of codeine. Recorded as context; no ruling made on those other matters in this order.obiter¶¶19

Detailed headnote1 paragraphs

Anticipatory bail - Section 30(a), Bihar Excise Act - Phulwariya P.S. Case No. 267 of 2022 (Gopalganj); alleged recovery of 258.84 liters of liquor from a pick-up vehicle; petitioner (not arrested from the spot) claimed implication solely on the custodial confession of co-accused Nitesh. Held (Satyavrat Verma, J., 22-08-2024): anticipatory bail granted - petitioner to be released on arrest/surrender within six weeks on a personal bond of Rs. 500/- with two like sureties, subject to Section 438(2) CrPC conditions; trial court directed to verify criminal antecedents before accepting bonds, any prior case vitiating the order. Court also noted batch statistics for 29 excise cases heard that day (aggregate seizure 5,040.68 liters liquor plus 3,520 liters codeine).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60776 of 2024

Arising Out of PS. Case No.-267 Year-2022 Thana- PHULWARIYA District- Gopalganj

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

Ranjit Kumar Yadav @ Ranjit Yadav Son of Kishor Chaudhary @ Raj Kishor Chaudhary Village- Mirjapur, P.S.- Hathua, District- Gopalganj

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 22-08-2024

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

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

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 258.84 liters of liquor from a pick up vehicle.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of seized vehicle and he came to be implicated based on the confessional statement of Nitesh in police custody which does not have any evidentiary value.

Patna High Court CR. MISC. No.60776 of 2024(2) dt.22-08-2024 2/3

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

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. 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 Phulwariya P.S. Case No. 267 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, it is made clear 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 even one case in that event, the present anticipatory bail order shall not be given effect to.

Today, 29 cases relating to excise were taken up. In 29 cases, there were 34 petitioners, out of which 16 petitioners are persons with clean antecedent, further in 19 cases the recovery is less than 30 liters of liquor, further in few cases the

Patna High Court CR. MISC. No.60776 of 2024(2) dt.22-08-2024 3/3

recovery was in between 1 liter to 10 liters of liquor, as such the total amount of liquor alleged to have been seized is 5040.68 liters of liquor along with 3520 liters of codeine.

(Satyavrat Verma, J)

Rishabh/-

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