Banti Kumar @ Banti Ram Babu Das v. the State of Bihar
Case brief
What is this about?
Patna High Court, Crl. Misc. No.73469 of 2024 (decided 29-01-2025, Rajesh Kumar Verma, J): anticipatory bail allowed in Bihar excise case (S.30(a) Bihar Prohibition and Excise Amendment Act; 69.75 liters English wine recovered); reliance on Full Bench Ram Vinay Yadav vs. State of Bihar 2019(2) P.L.J.R. 1089 against S.76(2) pre-arrest bail objection; grounds: no recovery from conscious possession, clean antecedents, non-exclusive ownership of house, alleged non-compliance with S.100 CrPC / S.103 BNSS recovery procedure; bail bond Rs.10,000 each with two like sureties before Exclusive Special Excise Judge-1, Begusarai; conditions under S.438(2) CrPC / S.482(2) BNSS.
What did the court decide?
Anticipatory bail allowed: petitioners to be released on bail on arrest or surrender before the court below within thirty days, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Judge-1, Begusarai, in connection with Bachhwara P.S. Case No. 235 of 2024, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions and further conditions that (i) petitioners shall co-operate in the trial and remain physically present as directed, failing which on absence on two consecutive dates without sufficient reason the bail bond shall be cancelled by the court below; (ii) if petitioners tamper with evidence or witnesses, prosecution may move for cancellation of bail; and (iii) the court below shall verify criminal antecedents and take steps for cancellation of bail bond if concealment is found, without delaying acceptance of bail bonds for verification.