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

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

What the court decided

AI extract

Outcome

Provisional anticipatory bail granted: petitioner to be released on arrest or surrender before the learned Court below within six weeks, on bail bonds of Rs.500/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions, with confirmation by the trial court contingent on verification of clean criminal antecedents.

Issue for consideration

Whether the petitioner, apprehending arrest in Piro P.S. Case No.443/2024 for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, should be granted anticipatory bail. +1 more

Court's answer

In the event of his arrest or surrender before the learned Court below within six weeks, the petitioner is to be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, to the satisfaction of the learned trial court where the case is pending, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

The learned trial court shall thereafter verify the criminal antecedents of the petitioner: if it is found that the petitioner has an antecedent of even one case, the provisional anticipatory bail order shall not be confirmed; if on verification he is found to be a person with clean antecedent, the provisional anticipatory bail order shall be confirmed forthwith.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Satyavrat Verma, J.) granted provisional anticipatory bail to a petitioner apprehending arrest in Piro P.S. Case No.443/2024 for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, where the allegation was recovery of 5 litres of liquor from an e-rickshaw owned by the petitioner, who claimed he was not arrested from the spot, that nothing was recovered from his conscious possession, and that his driver Sahul, who was apprehended from the spot, had misused the vehicle. On arrest or surrender within six weeks, the petitioner is to be released on bail bonds of Rs.500/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C.; the trial court is to verify criminal antecedents — any single antecedent case bars confirmation of the provisional order, while a clean record leads to confirmation forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12875 of 2025

Arising Out of PS. Case No.-443 Year-2024 Thana- PIRO District- Bhojpur

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Rahul Kumar S/O Shiv Kumar Chaudhary @ Shiv Kumar Pasi Resident of Village- Bahmwar, P.S- Piro, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Raju Kumar Singh For the Opposite Party/s : Mr. Bharat Bhushan

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

2 02-04-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 5 litres of liquor from an e-rickshaw. It is next submitted 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 e- rickshaw. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is further submitted that petitioner was completely unaware that Sahul, his driver would misuse his vehicle in the manner as alleged, who was also apprehended from the spot.

Patna High Court CR. MISC. No.12875 of 2025(2) dt.02-04-2025 2/2

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 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 provisional 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 trial court where the case is pending/successor court in connection with Piro P.S. Case No.443/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one case, in that event, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner is a person with clean antecedent, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)