Gourav Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Gourav Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: release upon arrest or surrender within six weeks on bail bonds of Rs.500/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions, with trial-court verification of criminal antecedents failing which the order shall not take effect.

Issue for consideration

Whether the petitioner, who apprehends arrest in Khajekalan P.S. Case No. 123 of 2022 registered for offences under Section 414 IPC and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, should be released on anticipatory bail.

Court's answer

The petitioner is to be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within six weeks, on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, to the satisfaction of the learned court below where the case is pending, subject to the conditions laid down under Section 438(2) Cr.P.C.

Ratio / Principle

Before accepting the bail bonds, the learned trial court shall verify the criminal antecedent of the petitioner; if it is found that the petitioner has antecedent of even one case, the present anticipatory bail order shall not be given effect to.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court, CRIMINAL MISCELLANEOUS No.64944 of 2024 (oral order dated 09-09-2024, Satyavrat Verma, J.). Petitioner apprehended arrest in Khajekalan P.S. Case No. 123 of 2022 (Patna) involving alleged recovery of 80 litres of liquor from a scooty, punishable under Section 414 IPC and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Counsel submitted the petitioner had clean antecedents, was not arrested from the spot, nothing was recovered from his conscious possession, and he was implicated merely as owner of the seized scooty. The Court allowed the prayer: release on arrest or surrender within six weeks on bail bonds of Rs.500/- with two like sureties, subject to Section 438(2) Cr.P.C. conditions; the trial court was directed to verify the petitioner's criminal antecedents before accepting the bonds, and if even one prior case is found, the anticipatory bail order shall not be given effect to.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64944 of 2024

Arising Out of PS. Case No.-123 Year-2022 Thana- KHAJEKALA District- Patna

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

Gourav Kumar Son of Late Satyanarayan Sharma Resident of Mohalla - Machharhatta, Gali Jiriya Tamauli Ki Gali, Kali Mahavir Mandir, Patna City, P.S.- Khajekalan, Dist.- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar Shukla, Advocate For the Opposite Party/s : Mr. Md. Shakir Ahmad, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 09-09-2024

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 414 of the Indian Penal Code as well as Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that

petitioner is a person with clean antecedent.

Allegation is of recovery of 80 litres of liquor from a

scooty.

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 scooty. It is further submitted that no prudent person would use his own

Patna High Court CR. MISC. No.64944 of 2024(2) dt.09-09-2024 2/2

vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is next submitted that petitioner was completely unaware that his friend would misuse the vehicle in the manner as alleged.

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, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below 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 court below where the case is pending/successor court in connection with Khajekalan P.S. Case No. 123 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, the learned trial court, before accepting the bail bonds of the petitioner, shall verify the criminal antecedent of the petitioner and 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.

(Satyavrat Verma, J)

Kundan/-