GUDDU SINGH @ RAJESH KUMAR SINGH v. The State of Bihar
Case at a glance
Provisions considered
- Bihar Prohibition and Excise Amendment Act, 2018 ss. 30(a), 30(d), 41
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA Mr. Vinod Kumar Mr. Mohammad Sufyan ORAL ORDER 2 29-07-2024
Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 30(a), 30(d), 41 of Bihar Prohibition and Excise Amendment Act,
Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 33.6 litres of liquor along with bottle and stickers Patna High Court CR. MISC. No.50484 of 2024(2) dt.29-07-2024 from an asbestos hut of Chhotu Kumar. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioners and they came to be implicated at the instance of chowkidar. It is next submitted that police in majority of the cases implicates innocent persons either at the behest of chowkidar or local persons. It is also submitted that petitioners are not known to the chowkidar but still they came to be implicated which amply demonstrates that chowkidar in order to save the real culprit falsely implicated the petitioners.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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.500/- (Rupees five hundred) each 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 Gurua P.S. Case No.180/2024, subject to the conditions as laid down under Patna High Court CR. MISC. No.50484 of 2024(2) dt.29-07-2024 Section 438 (2) of the Cr.P.C.
It is made clear that the learned trial court before accepting the bail bonds of the petitioners shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioners have antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect to. amit/- U T (Satyavrat Verma, J)
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.