Awadhesh Pratap Singh Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

Awadhesh Pratap Singh Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail upon arrest or surrender before the learned Court below within six weeks, on furnishing bail-bonds of Rs. 500/- with two sureties of like amount each, to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1, Siwan, in connection with Guthni P.S. Case No.189 of 2022, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner in connection with Guthani P.S. Case No.189 of 2022, registered for offences under Sections 30(a) of the Excise Act, 2016 and 37 of the Amendment Excise Act, 2022. +1 more

Court's answer

In the event of the petitioner's arrest or surrender before the learned Court below within six weeks, he is to be released on bail on furnishing bail-bonds of Rs. 500/- with two sureties of like amount each, to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1, Siwan, in connection with Guthni P.S. Case No.189 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

The bail application stands allowed.

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.), by oral order dated 26-02-2024 in CRIMINAL MISCELLANEOUS No.8185 of 2024, allowed anticipatory bail sought by Awadhesh Pratap Singh in connection with Guthani P.S. Case No.189 of 2022 (Siwan), registered for offences under Sections 30(a) of the Excise Act, 2016 and 37 of the Amendment Excise Act, 2022. The allegation was of recovery of 2.8 litres of liquor from a motorcycle belonging to the petitioner and 200 ml of liquor from Murari Yadav; counsel submitted the petitioner was not arrested from the spot, had no conscious possession, and was implicated only as vehicle owner, unaware that Dilip Singh would misuse it. In the event of arrest or surrender within six weeks, the petitioner is to be released on bail on a bond of Rs. 500/- (Rupees Five Hundred) with two sureties of like amount each, to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1, Siwan, subject to the conditions under Section 438(2) of the Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8185 of 2024

Arising Out of PS. Case No.-189 Year-2022 Thana- GUTHANI District- Siwan

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

Awadhesh Pratap Singh, S/O Tameshwar Singh R/O Village- Ropanchhapra, P.S- Lar, Distt.- Deoria (U.P).

... ... Petitioner/S

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Ajay Kumar Tiwary For the Opposite Party/s : Mr.Akbar Ali ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 26-02-2024

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) of the Excise Act, 2016 and 37 of the Amendment Excise Act, 2022.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 2.8 litres of liquor from a motorcycle and 200 ml of liquor from Murari Yadav.

The 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 motorcycle.

Patna High Court CR. MISC. No.8185 of 2024(2) dt.26-02-2024 2/2

It is further submitted that petitioner was completely unaware that Dilip Singh would misuse the vehicle in the manner as alleged, who had taken the motorcycle in name of some work. It is also submitted that no prudent person would use his own vehicle for committing a crime and thus, would create evidence against himself and hence, would get implicated.

Learned A.P.P. opposes the bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1, Siwan in connection with Guthni P. S. Case No.189 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J)

vikash/-

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