Shashikant Singh @ Shashikant Kumar Singh v. The State of Bihar
Case at a glance
Outcome
Allowed
The application stands allowed
Provisions considered
- Bihar Prohibition and Excise Act, 2016 s. 30(a)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
Mr. Sanjeet Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 18-04-2024
Heard learned counsel for the petitioner as well as learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 1.5 liters of liquor from a motorcycle.
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 Patna High Court CR. MISC. No.29484 of 2024(2) dt.18-04-2024 he is owner of the seized vehicle. 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 also submitted that petitioner was completely unaware that Prince would misuse the vehicle in the manner as alleged who was also apprehended from the spot along with Rohit.
The learned APP for the State opposes the anticipatory bail application.
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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Sahajitpur P.S. Case No.157 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
Operative part
The application stands allowed.
It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the Patna High Court CR. MISC. No.29484 of 2024(2) dt.18-04-2024 criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect. (Satyavrat Verma, J) Prakash Narayan U T
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The application stands allowed
Which statutory provisions did this judgment involve?
Bihar Prohibition and Excise Act, 2016 — s. 30(a); Code of Criminal Procedure, 1973 — s. 438(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.