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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner directed to surrender in the Court below within four weeks; in the event of arrest or surrender in connection with Madhepur P.S. Case No. 40 of 2024, to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Court of Exclusive Special Judge, Excise Act, Jhanjharpur, subject to the conditions under section 438(2) of the Cr.P.C. and the further condition that the petitioner shall not indulge in a similar nature of offence in future.

Issue for consideration

Whether the petitioner, apprehending arrest in Madhepur P.S. Case No.40 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, should be enlarged on anticipatory bail.

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances, the Court was inclined to enlarge the petitioner on bail: he was directed to surrender in the Court below within four weeks, and in the event of his arrest or surrender in connection with Madhepur P.S. Case No. 40 of 2024, to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Court of Exclusive Special Judge, Excise Act, Jhanjharpur.

Ratio / Principle

The enlargement on bail is subject to the conditions laid down under section 438(2) of the Cr.P.C., together with the additional condition that the petitioner shall not indulge in a similar nature of offence in future (special condition recorded at paras 24-25).

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Ashok Kumar Pandey, J., 18-10-2024) allowed Crl. Misc. No.69069 of 2024 filed by Sawan Kishor @ Sawan Kumar apprehending arrest in Madhepur P.S. Case No.40 of 2024, Madhubani, instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, wherein 5.250 liters of foreign liquor was allegedly recovered from co-accused Krishn Kumar Mahto, who named the petitioner; petitioner directed to surrender within four weeks and to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Exclusive Special Judge, Excise Act, Jhanjharpur, subject to section 438(2) Cr.P.C. conditions and not to indulge in similar offence in future.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69069 of 2024

Arising Out of PS. Case No.-40 Year-2024 Thana- MADHEPUR District- Madhubani

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

Sawan Kishor @ Sawan Kumar, Son of Lalit Mahto @ Shyam Sundar Mahto, Resident of Village- Bhith Bhagwanpur Navtoliya, P.S.- Madhepur, DistMadhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar, Advocate For the Opposite Party/s : Mr.Mukesh Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 18-10-2024

Heard learned counsel for the petitioner and

learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Madhepur P.S. Case No.40 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

The case of the prosecution is that two persons were coming on a bike. The police had the informantion that they were carrying liquor. When they were intercepted by the police, the driver managed to escape with bike. One Krishn Kumar Mahto was apprehended and from his possession, 5.250 liters of foreign liquor was recovered and

Patna High Court CR. MISC. No.69069 of 2024(2) dt.18-10-2024 2/3

he disclosed the name of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no any concerned with the alleged liquor and apprehended co-accused person. Neither the petitioner was apprehended on the spot nor any incriminating article has been recovered from his conscious possession.

In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and submitted that petitioner is having one criminal antecedent.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Madhepur P.S. Case No. 40 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Judge,

Patna High Court CR. MISC. No.69069 of 2024(2) dt.18-10-2024 3/3

Excise Act, Jhanjharpur, subject to the conditions as laid

down under section 438(2) of the Cr.P.C. with a condition:-

1. That the petitioner shall not indulge in

similar nature of the offence in future.

(Ashok Kumar Pandey, J)

lata/- U T