Vikash Kumar Yadav @ Vikash Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Vikash Kumar Yadav @ Vikash Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on furnishing bail bonds of Rs. 500/- with two sureties of the like amount each upon arrest or surrender before the learned trial court within six weeks, subject to Section 438(2) Cr.P.C. conditions and subject to verification of criminal antecedents by the trial court (order not to be given effect if any prior case is found).

Issue for consideration

Whether the petitioner, who apprehends arrest in Siwan Excise P.S. Case No. 399 of 2024 registered under Sections 30(a) and 32(3) of the Bihar Excise Act (alleged recovery of 990 liters of liquor from a Scorpio vehicle owned by him), should be released on anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the learned trial court within six weeks, the petitioner is to be released on furnishing bail bonds of Rs. 500/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

Condition imposed: the learned Trial Court shall verify the petitioner's criminal antecedent before accepting the bail bonds, and if the petitioner is found to have antecedent of even one case, the present anticipatory bail order shall not be given effect to.

Detailed headnote1 paragraphs

Anticipatory bail granted to Vikash Kumar Yadav @ Vikash Yadav in connection with Siwan Excise P.S. Case No. 399 of 2024, registered for offences under Sections 30(a) and 32(3) of the Bihar Excise Act, where the allegation is of recovery of 990 liters of liquor from a Scorpio vehicle owned by the petitioner, who was not arrested from the spot and was implicated as the vehicle owner. On arrest or surrender before the learned trial court within six weeks, the petitioner is to be released on bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each, subject to the conditions under Section 438(2) of the Cr.P.C. The Trial Court must verify the petitioner's criminal antecedents before accepting the bail bonds; if even one prior case is found, the anticipatory bail order shall not be given effect to. (Satyavrat Verma, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68511 of 2024

Arising Out of PS. Case No.-399 Year-2024 Thana- Excise P.S. District- Siwan

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

Vikash Kumar Yadav @ Vikash Yadav S/o- Brij Kishore Yadav Resident Of Village- Thepaha Uttar Tola, Ps-Jiradei, Dist- Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar Shahi For the Opposite Party/s : Mr. Humayou Ahmad Khan ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 21-09-2024

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 Sections 30(a) and 32(3) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 990 liters of liquor from a Scorpio vehicle.

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

Patna High Court CR. MISC. No.68511 of 2024(2) dt.21-09-2024 2/2

evidence against himself and hence would get implicated, it is also submitted that petitioner was completely unaware that his driver 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, 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 Siwan Excise P.S. Case No. 399 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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.

(Satyavrat Verma, J)

Rishabh/-

U T