Disposed

Sonelal Khatabe @ Sonelal Chaupal @ Sonelal Khatbe v. The State of Bihar

Patna HC4 Sept 2024CR. MISC./63926/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in an excise case involving alleged recovery of five litres of liquor from a bush behind his house, claiming no conscious possession. The court granted conditional anticipatory bail, subject to verification of criminal antecedents by the trial court.

What did the court decide?

Conditional anticipatory bail: release on Rs. 500 bonds with two sureties upon surrender within six weeks, void if any criminal antecedent found.

Sonelal Khatabe @ Sonelal Chaupal @ Sonelal Khatbe Vs The… — Anticipatory Bail | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63926 of 2024

¶2

Arising Out of PS. Case No.-81 Year-2024 Thana- PANDAUL District- Madhubani

¶3

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

¶4

Sonelal Khatabe @ Sonelal Chaupal @ Sonelal Khatbe son of Ramjee Khatwe @ Ramjee Chaupal Resident of Village- Bittho, P.S. Pandaul, District- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Jha For the Opposite Party/s : Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶9

2 04-09-2024

¶10

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

¶11

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 41(i) of the Bihar Excise Act.

¶12

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 5 liters of liquor from a bush behind the house of the petitioner.

¶13

Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belong to the petitioner and is accessible to villagers at large and he came to be implicated

¶14

Patna High Court CR. MISC. No.63926 of 2024(2) dt.04-09-2024 2/2

¶15

at the instance of Chowkidar with whom he is on an inimical term.

¶16

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

¶17

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 Pandaul P.S. Case No. 81 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

¶18

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.

¶19

(Satyavrat Verma, J)

¶20

Rishabh/-

¶21

U T

Sonelal Khatabe @ Sonelal Chaupal @ Sonelal Khatbe v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sonelal Khatabe @ Sonelal Chaupal @ Sonelal Khatbe v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Chintu Kumar Vs The State of Bihar

Satendra Kumar Vs The State of Bihar

Akhilesh Kumar @ Krish Kumar Vs The State of Bihar

Kumar Amrit Raj Vs the Union of India through Central Bureau of Investigation, Anti Corruption Branch, S.K. Singh

Satyendra Yadav Vs The State of Bihar

Md. Masleuddin Ansari @ Masleuddin Ansari Vs The State Of Bihar