Allowed¶20

Prem Chandra @ Bangali v. The State of Bihar

Patna HC8 May 2025CR. MISC./10445/2025

Case brief

AI extract

What is this about?

Patna HC anticipatory bail ALLOWED (08-05-2025, Soni Shrivastava J) in Cr. Misc. No. 10445 of 2025 for Prem Chandra @ Bangali; Udawantnagar PS Case 317/2019, S. 30(a) Bihar Prohibition and Excise Act 2016; 50 liters illicit liquor under banyan tree near pond; bail bond Rs. 10,000 with two like sureties; conditions per S. 438(2) CrPC / S. 482(2) BNSS 2023; antecedent verification with cancellation clause if concealed; surrender/arrest window four weeks.

What did the court decide?

Anticipatory bail granted: release upon arrest or surrender before the Court below within four weeks on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, subject to Section 438(2) CrPC / Section 482(2) B.N.S.S, 2023 conditions, with Court-below verification of criminal antecedents and cancellation of the bond if concealment is found.

Prem Chandra @ Bangali Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Udawantnagar P.S. Case no.317 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, should be released on anticipatory bail. +1 more

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Court's answer

In the event of his arrest or surrender before the learned Court below within a period of four weeks, the petitioner is to be released on anticipatory bail in connection with Udawantnagar P.S. Case no.317 of 2019 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each.

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Ratio / Principle

The release is subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the B.N.S.S, 2023.

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Key takeaways

The learned Court below is to verify the criminal antecedent of the petitioner, and the verification process is expected to be done expeditiously without causing any delay.ratio¶20
In case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail allowed — Patna High Court (Smt. Justice Soni Shrivastava, J), oral order dated 08-05-2025 in Cr. Misc. No. 10445 of 2025: Prem Chandra @ Bangali s/o Jay Kishore Singh, apprehending arrest in Udawantnagar P.S. Case No. 317 of 2019 (S. 30(a), Bihar Prohibition and Excise Act, 2016; alleged recovery of 50 liters of illicit liquor under a Banyan Tree near a pond after the accused escaped on seeing the police party), is to be released on anticipatory bail if arrested or surrendering within four weeks, on a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to S. 438(2) CrPC / S. 482(2) B.N.S.S, 2023 conditions. Counsel pleaded false implication via a chowkidar's disclosure, absence of independent witness to the seizure list, and no recovery from the petitioner's possession or house; the State cited three similar criminal antecedents, to which counsel replied the petitioner is on bail in those cases. The Court below is to verify the antecedents expeditiously and cancel the bail bond if concealment is found.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10445 of 2025

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Arising Out of PS. Case No.-317 Year-2019 Thana- UDWANTNAGAR District- Bhojpur

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

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Prem Chandra @ Bangali S/O Jay Kishore Singh R/O Vill.- Bhagwatipur, P.S.- Udawantangar, Dist.-Bhojpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mrs.Veena Kumari Jaiswal, APP ======================================================

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

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3 08-05-2025

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Heard learned counsel for the petitioner and

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learned APP for the State.

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The petitioner apprehends his arrest in connection with Udawantnagar P.S. Case no.317 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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As per the prosecution case, on seeing the police party, the accused managed to escape. On search, 50 liters of illicit liquor was recovered under a Banyan Tree near a pond.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The name of the petitioner has transpired on disclosure of local chowkidar who has inimical terms with the petitioner. There was no independent witness to the seizure list and no recovery has been made from the physical or conscious possession of the petitioner

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Patna High Court CR. MISC. No.10445 of 2025(3) dt.08-05-2025 2/3

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or from his house. The field is an open space which is accessible to everyone. He undertakes to cooperate in the case/trial.

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The application for anticipatory bail is opposed by learned A.P.P. for the State by stating that the petitioner has three criminal antecedents of same nature. In response, learned counsel for the petitioner submits that the petitioner is on bail in the said cases.

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In view of the aforementioned facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Udawantnagar P.S. Case no.317 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court below, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that the learned Court below would however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the

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Patna High Court CR. MISC. No.10445 of 2025(3) dt.08-05-2025 3/3

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verification process would be done expeditiously without causing any delay.

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(Soni Shrivastava, J)

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Harsh/-

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U T

Prem Chandra @ Bangali v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Prem Chandra @ Bangali v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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