Akhilesh Kumar @ Akhlesh Kumar v. The State of Bihar
Case at a glance
Outcome
Allowed
The application stands allowed
Provisions considered
- Bihar Prohibition and Excise Act ss. 30(a), 47
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 88. The application stands allowed. (Satyavrat Verma, J) Prakash Narayan U T
Judgment
Mr.Umesh Prasad, Advocate For the Opposite Party/s : Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 09-08-2024
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 Sections 30(a), 47 of the Bihar Prohibition and Excise Act in connection with Excise Nawada P.S. Case No.311 of 2024.
The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 40 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.56626 of 2024(2) dt.09-08-2024 he is owner of the alleged seized motorcycle. 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 his friend would misuse the vehicle in the manner as alleged.
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 Exclusive Special Court Excise-2, Nawada in connection with Excise Nawada P.S. Case No.311 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that Patna High Court CR. MISC. No.56626 of 2024(2) dt.09-08-2024 event, the present anticipatory bail order shall not be given effect.
Operative part
The application stands allowed. (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 — ss. 30(a), 47; 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.