Allowed

Shudhir Tanti @ Sudhir Tanti v. The State of Bihar

Patna HC23 Sept 2024CR. MISC./67071/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in an excise case alleging recovery of liquor from a canal not in his possession. The court granted anticipatory bail subject to verification of criminal antecedents, voiding the order if more than one antecedent case is found.

What did the court decide?

Anticipatory bail on furnishing Rs. 5,000 bonds with two like sureties within six weeks, subject to Section 438(2) Cr.P.C. conditions and antecedent verification.

Shudhir Tanti @ Sudhir Tanti Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67071 of 2024

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Arising Out of PS. Case No.-81 Year-2023 Thana- NAYAGAON District- Begusarai

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

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Shudhir Tanti @ Sudhir Tanti S/o Narayan Tanti R/o vill - MahammadpurGautam, P.S. - Nayagawan, Dist.- Begusarai

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shubhesh Pandey For the Opposite Party/s : Mr.Nityanand ======================================================

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... ... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 23-09-2024

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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 has antecedent of one case and allegation is of recovery of 10 litres of liquor from a canal adjacent to the field of Pappu Singh.

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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 even alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated based on secret information which is the easiest way to

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Patna High Court CR. MISC. No.67071 of 2024(2) dt.23-09-2024 2/2

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implicate someone.

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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. 5,000/- (Rupees Five 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 Nayagawn P.S. Case No. 81 of 2023, 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 more than 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/-

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U T

Shudhir Tanti @ Sudhir Tanti v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shudhir Tanti @ Sudhir Tanti v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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