Allowed¶21

Sonu Kumar v. The State of Bihar

Patna HC9 Sept 2024CR. MISC./65188/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438(2) Cr.P.C.; Bihar Excise Act Sections 30(a), 32(3), 41(1), 41(2); Excise P.S. Case No. 764 of 2024, Aurangabad; recovery of 50.04 liters liquor from motorcycle; owner of seized vehicle implicated; clean antecedent condition; bail bond Rs. 1,000/- with two sureties; Satyavrat Verma, J; Patna High Court Crl. Misc. No. 65188 of 2024.

What did the court decide?

Anticipatory bail granted: petitioner to be released upon arrest or surrender before the learned trial court within six weeks, on bail bonds of Rs. 1,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; order contingent on the trial court verifying that the petitioner has no criminal antecedent. ¶21

Sonu Kumar 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, who apprehends arrest in Excise P.S. Case No. 764 of 2024 (District Aurangabad) registered for offences under Sections 30(a), 32(3), 41(1) and 41(2) of the Bihar Excise Act, is entitled to anticipatory bail.

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Court's answer

Considering the submissions of the petitioner's counsel, the petitioner, in the event of his arrest or surrender before the learned trial court within six weeks, is to be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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Ratio / Principle

The learned Trial Court shall verify the petitioner's criminal antecedent before accepting the bail bonds; if it is found that the petitioner has antecedent of even one case, the present anticipatory bail order shall not be given effect to.

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Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J), Criminal Miscellaneous No. 65188 of 2024, oral order dated 09-09-2024: Anticipatory bail granted to Sonu Kumar, apprehending arrest in Excise P.S. Case No. 764 of 2024 (District Aurangabad) registered under Sections 30(a), 32(3), 41(1) and 41(2) of the Bihar Excise Act, wherein 50.04 liters of liquor was allegedly recovered from a motorcycle owned by him. Release ordered upon arrest or surrender before the trial court within six weeks, on bail bonds of Rs. 1,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions. The grant is expressly conditioned on the trial court verifying the petitioner's criminal antecedents: if even one prior case is found, the anticipatory bail order shall not be given effect to.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65188 of 2024

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Arising Out of PS. Case No.-764 Year-2024 Thana- Excise P.S. District- Aurangabad

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

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Sonu Kumar S/o- Ashok Baitha Village- Anukupa,P.S-Kutumba, District -Aurangabad

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Parmanand Prasad ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 09-09-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in a case

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registered for the offences punishable under Sections 30(a), 32(3), 41(1) and 41(2) of the Bihar Excise Act.

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Learned counsel for the petitioner submits that

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petitioner is a person with clean antecedent and allegation is of recovery of 50.04 liters of liquor from a motorcycle.

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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 vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated, it is

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Patna High Court CR. MISC. No.65188 of 2024(2) dt.09-09-2024 2/2

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also submitted that petitioner was completely unaware that his neighbour, Manish, would misuse the vehicle in the manner as alleged who was also apprehended from the spot.

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

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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. 1,000/- (Rupees One 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 Excise P.S. Case No. 764 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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However, it is made clear that 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.

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(Satyavrat Verma, J)

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Rishabh/-

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U T

Sonu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sonu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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