Manohar Lal Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

Manohar Lal Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner: upon arrest or surrender before the learned trial court within six weeks, release on furnishing bail bonds of Rs. 500/- with two sureties of the like amount each, to the satisfaction of the Principal Additional District and Sessions Judge-cum-Special Judge-IVth, Excise-2, Biharsharif, Nalanda, subject to the conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Excise P.S. Case No. 766 of 2023 (offences under Section 30(a)/32 of the Bihar Prohibition and Excise Amendment Act), given the allegation of recovery of 277 litres of liquor from his truck while he was not arrested from the spot.

Court's answer

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 in connection with Excise P.S. Case No. 766 of 2023.

Ratio / Principle

Release is ordered on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each, to the satisfaction of the learned Principal Additional District and Sessions Judge-cum-Special Judge-IVth, Excise-2, Biharsharif, Nalanda, where the case is pending, subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail — granted — Excise P.S. Case No. 766 of 2023, Thana Excise P.S., District Nalanda — offences under Section 30(a)/32 of the Bihar Prohibition and Excise Amendment Act — petitioner allegedly owner of a Truck from which 277 litres of liquor were recovered; not arrested from the spot; driver Saina Prasad apprehended — held, petitioner abovenamed, in the event of his arrest or surrender before the learned trial court within six weeks, to 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 Principal Additional District and Sessions Judge-cum-Special Judge-IVth, Excise-2, Biharsharif, Nalanda, where the case is pending, subject to conditions under Section 438(2) Cr.P.C. (Satyavrat Verma, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7339 of 2024

Arising Out of PS. Case No.-766 Year-2023 Thana- Excise P.S. District- Nalanda

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Manohar Lal Son Of Chanan Dass Resident Of Village - A-30b, Gf Shivaji Vihar Janta Colony, Tagore Garden, West Delhi ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

2 22-02-2024

Heard learned counsel for the petitioner and

learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Excise P.S. Case No. 766 of 2023, registered for the offences punishable under Section 30(a)/32 of the Bihar Prohibition and Excise Amendment Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 277 liter of liquor from a Truck.

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 Truck. It is next submitted that petitioner is a businessman and no prudent businessman would use his own vehicle for committing an occurrence and thus would

Patna High Court CR. MISC. No.7339 of 2024(2) dt.22-02-2024 2/2

create evidence against himself and hence would get implicated. It is next submitted that the petitioner was completely unaware that his driver Saina Prasad would misuse the vehicle in the manner as alleged, as he was also apprehended from the spot.

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 abovenamed, 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 Principal Additional District and Sessions Judge- cum- Special Judge – IV^th , Excise – 2, Biharsharif, Nalanda, where the case is pending/successor court in connection with Excise P.S. Case No. 766 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J)