Allowed

Ganga Sagar Rai v. The State of Bihar

Patna HC10 Sept 2024CR. MISC./66018/2024

Case brief

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What is this about?

Anticipatory bail application by petitioner apprehending arrest in an excise case over recovery of 80.49 litres of liquor from his auto; he claimed no conscious possession. Court granted anticipatory bail on conditions including antecedent verification by trial court.

What did the court decide?

Anticipatory bail on furnishing bonds of Rs.500 with two like sureties, subject to Section 438(2) conditions and antecedent verification.

Ganga Sagar Rai Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66018 of 2024

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Arising Out of PS. Case No.-237 Year-2024 Thana- RUNISAIDPUR District- Sitamarhi

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

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Ganga Sagar Rai Son of Late Sundar Lal Rai Resident of Village - Dhanushi, P.S. - Garha (old P.S. - Runnisaidpur), Dist. -Sitamarhi

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar For the Opposite Party/s : Mr.Nagendra Prasad ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 10-09-2024

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

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

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3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 80.49 litres of liquor from an Auto .

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4. Learned counsel for the petitioner submits that the 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 further submitted that

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Patna High Court CR. MISC. No.66018 of 2024(2) dt.10-09-2024 2/2

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petitioner was completely unaware that his driver would misuse the vehicle in the manner as alleged.

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

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6. 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 Runnisaidpur P.S. Case No. 237 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that the 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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SUMIT/-

Ganga Sagar Rai v. The State of Bihar

Case brief

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Ganga Sagar Rai v. The State of Bihar

Case brief

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