Allowed¶19

Arvind Kumar v. The State of Bihar

Patna HC15 Feb 2025CR. MISC./2681/2025

Case brief

AI extract

What is this about?

Anticipatory bail; e-rickshaw owner; 9 liters country-made liquor recovered during vehicle checking; Guthani PS Case No. 241 of 2024; Siwan; Section 30(a) Bihar Prohibition and Excise (Amendment) Act, 2018; clean antecedents; bail bond Rs. 10,000/- with two sureties; Exclusive Special Excise Court No.-1, Siwan; Section 482(2) BNSS, 2023; Patna High Court; Anil Kumar Sinha, J.

What did the court decide?

Anticipatory bail granted to petitioner Arvind Kumar; in the event of arrest or surrender before the Court below within four weeks, release on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.-1, Siwan, subject to the conditions under Section 482(2) of the BNSS, 2023. ¶19

Arvind Kumar 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, arraigned as the owner of an e-rickshaw from which country-made liquor was recovered, is entitled to anticipatory bail in Guthani PS Case No. 241 of 2024.

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Court's answer

Having regard to the submissions of the parties, the nature of the allegation, the petitioner's clean antecedents, and the fact that the driver was arrested along with the e-rickshaw at the time of seizure of the liquor, the Court was inclined to grant the petitioner the privilege of anticipatory bail.

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Ratio / Principle

The anticipatory bail application is allowed: in the event of arrest or surrender before the Court below within four weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.-1, Siwan, subject to the condition laid down under Section 482(2) of the BNSS, 2023.

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Detailed headnote1 paragraphs

Anticipatory bail granted — petitioner is the owner of an e-rickshaw from which 9 liters of country-made liquor was recovered during vehicle checking on 07.09.2024 (Guthani PS Case No. 241 of 2024, offence under Section 30(a), Bihar Prohibition and Excise (Amendment) Act, 2018); the driver, Anup Bansfore, was apprehended and arrested along with the vehicle at the time of seizure. The petitioner claimed the e-rickshaw had been given on rental basis to the co-accused, that he was unaware of the liquor, and that he had no criminal antecedent. Noting the nature of the allegation, the petitioner's clean antecedents and the driver's arrest at the time of seizure, the Patna High Court (Anil Kumar Sinha, J.) allowed the application, directing release on bail in the event of arrest or surrender before the Court below within four weeks on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.-1, Siwan, subject to the condition laid down under Section 482(2) of the BNSS, 2023.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2681 of 2025

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Arising Out of PS. Case No.-241 Year-2024 Thana- GUTHANI District- Siwan

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

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Arvind Kumar S/o Mainejar Bhagat Resident of Village - Moti Chhapar, P.S. - Mairwa, District - Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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3 15-02-2025

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

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This application, for grant of anticipatory bail, arises out of Guthani PS case no. 241 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

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As per the prosecution story, on 07.09.2024, during the course of vehicle checking the police intercepted an e-rickshaw and signalled the driver to stop and upon seeing the police the driver tried to flee away leaving behind the e- rickshaw but the police party apprehended the driver on the spot and upon asking he disclosed his name as Anup Bansfore, and upon search 9 liters of country made liquor was

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Patna High Court CR. MISC. No.2681 of 2025(3) dt.15-02-2025 2/3

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recovered from the e-rickshaw.

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Learned counsel for the petitioner submits that the petitioner has been made accused because he happens to be the owner of the e-rickshaw which he had given for plying on rental basis to the co-accused. At the time of occurrence it was being driven by the driver, who was plying the vehicle on rent. The petitioner was not aware of the liquor being carried on e-rickshaw and the petitioner has got no criminal antecedent.

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Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the petitioner is having clean antecedent and the driver was arrested along with the e-rickshaw at the time of seizure of the liquor, I am inclined to grant the petitioner privilege of anticipatory bail.

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This application is, accordingly, allowed.

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Let the petitioner, above named, in the event of

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his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-1, Siwan in connection with Guthani Police Station

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Patna High Court CR. MISC. No.2681 of 2025(3) dt.15-02-2025 3/3

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Case No. 241 of 2024, subject to the condition laid down under Section 482 (2) of the BNSS, 2023.

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(Anil Kumar Sinha, J)

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aditya/-

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Arvind Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Arvind Kumar 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

Coram

Case details

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