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Manan Singh v. The State of Bihar

Patna HC2 Sept 2024CR. MISC./62832/2024

Case brief

AI extract

What is this about?

Anticipatory bail; CR. MISC. No.62832 of 2024; Patna High Court; Justice Satyavrat Verma; Section 30(a) Excise Act; Nautan PS Case No.128 of 2024; District Siwan; recovery of 18 litres of liquor from motorcycle; implication as vehicle owner; co-accused Munna Kumar; bail-bond Rs.500 with two sureties; Exclusive Special Judge-II Siwan; conditions under Section 438(2) CrPC; verification of criminal antecedents before accepting bail bonds.

What did the court decide?

Anticipatory bail allowed: petitioner to be released on bail upon arrest or surrender within six weeks, on bail-bonds of Rs.500 with two sureties of the like amount each before the Exclusive Special Judge-II, Siwan, subject to Section 438(2) CrPC conditions and verification of criminal antecedents by the trial court. ¶25

Manan Singh 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, facing arrest in Nautan PS Case No.128 of 2024 registered under Section 30(a) of the Excise Act (alleged recovery of 18 litres of liquor from a motorcycle he owns), is entitled to anticipatory bail.

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Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the court below within six weeks, the petitioner is to be released on bail on furnishing bail-bonds of Rs.500 with two sureties of the like amount each to the satisfaction of the Exclusive Special Judge-II, Siwan, subject to the conditions under Section 438(2) CrPC.

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Ratio / Principle

The bail direction is conditional: the trial court must verify the petitioner's criminal antecedents before accepting the bail bonds, and if even one antecedent case is found, the present anticipatory bail order shall not be given effect to.

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Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.) allowed an anticipatory bail application in Criminal Miscellaneous No.62832 of 2024, arising from Nautan PS Case No.128 of 2024 (District Siwan) registered for offences under Section 30(a) of the Excise Act, where 18 litres of liquor were allegedly recovered from a motorcycle and the petitioner was implicated as its owner while co-accused Munna Kumar was apprehended at the spot. In the event of arrest or surrender within six weeks, the petitioner is to be released on bail on furnishing bail-bonds of Rs.500 with two sureties of the like amount each to the satisfaction of the Exclusive Special Judge-II, Siwan, subject to Section 438(2) CrPC conditions. The order takes effect only if the trial court verifies that the petitioner has no criminal antecedents; discovery of even one antecedent case renders the order inoperative.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62832 of 2024

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Arising Out of PS. Case No.-128 Year-2024 Thana- NAUTAN District- Siwan

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Manan Singh, S/o- Ram Janam SIngh Village - Kilpur, Post and PS - Nautan, District - Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ranjan Kumar Dubey For the Opposite Party/s : Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 02-09-2024

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Heard learned counsel for the petitioner and

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learned APP for the State.

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The petitioner seeks bail in anticipation of his

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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

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that the petitioner is a person with clean antecedent and the allegation is of recovery of 18 litres of liquor from a motorcycle.

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The learned counsel for the petitioner submits

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that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he

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Patna High Court CR. MISC. No.62832 of 2024(2) dt.02-09-2024 2/3

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came to be implicated based on the fact that he is owner of the seized motorcycle. It is next submitted that no prudent person would use 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 Munna Kumar would misuse the vehicle in the manner as alleged as he was also apprehended at the spot.

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Learned A.P.P. opposes the anticipatory bail

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application.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner, abovenamed, 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 Exclusive Special Judge-II, Siwan in connection with Nautan P. S. Case No.128 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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Patna High Court CR. MISC. No.62832 of 2024(2) dt.02-09-2024 3/3

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