Ashish Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Ashish Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released upon arrest or surrender before the learned Court below within six weeks, on bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, apprehending arrest in NTPC P.S. Case No. 10 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, should be released on anticipatory bail.

Court's answer

Anticipatory bail granted: petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks, to be released on anticipatory bail.

Ratio / Principle

Bail to be furnished on bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned court below where the case is pending.

Key takeaways

Release made subject to the conditions laid down under Section 438(2) of the Cr.P.C., in connection with NTPC P.S. Case No. 10 of 2024.ratio¶¶17

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, CRIMINAL MISCELLANEOUS No.1081 of 2025, decided 17-01-2025, Rudra Prakash Mishra, J): petitioner apprehending arrest in NTPC P.S. Case No. 10 of 2024, District Bhagalpur, registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act; prosecution case involved recovery of 21 litres of foreign liquor from a motorcycle, with the petitioner's name surfacing as its owner. Counsel for the petitioner pleaded innocence, absence of conscious possession, no criminal antecedent, non-compliance with Section 100 of the Cr.P.C., and noted that a co-accused had already been allowed regular bail (order dated 02-052024 as printed, in Cr. Misc. No. 33010 of 2024). Court directed release on arrest or surrender within six weeks on bail bonds of Rs. 10,000/- with two like sureties, subject to Section 438(2) Cr.P.C. conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1081 of 2025

Arising Out of PS. Case No.-10 Year-2024 Thana- NTPC District- Bhagalpur

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

Ashish Kumar Son of Chhanguri Thakur Resident of Village - Murli, P.O. - Bhawanipur, P.S. - Rangra Chowk, District - Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar, Advocate For the Opposite Party/s : Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 17-01-2025 Heard Mr. Manish Kumar, learned counsel for the petitioner and Ms. Renu Kumari, learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with NTPC P.S. Case No. 10 of 2024 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, there is recovery of 21 litres of foreign liquor from a motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with the alleged recovery of liquor. No incriminating material has been

Patna High Court CR. MISC. No.1081 of 2025(2) dt.17-01-2025 2/2

recovered from the conscious possession of the petitioner. Name of the petitioner has surfaced in this case as being owner of the motorcycle. Petitioner bears no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C. Other co-accused has been allowed regular bail by this Court vide order dated 02-052024, passed in Cr. Misc. No. 33010 of 2024.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with NTPC P.S. Case No. 10 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J)

Raj Kishore/- U T