Saroj Kumar v. The State of Bihar
Case at a glance
- Bench
- SATYAVRAT VERMA
Outcome
Allowed
The application stands allowed
Provisions considered
- Indian Penal Code, 1860 ss. 272, 273
- Bihar Prohibition and Excise Act
- 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.Ravi Prakash, Advocate For the Opposite Party/s : Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 03-10-2024
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 272, 273 of the IPC and 30(a) of the Bihar Prohibition and Excise Act in connection with Ladaniya P.S. Case No.268 of 2018.
The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 432 liters of liquor from a pickup van.
It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious Patna High Court CR. MISC. No.72029 of 2024(2) dt.03-10-2024 possession and he came to be implicated during the course of investigation on the ground that he is driver of the vehicle. It is next submitted that petitioner is neither driver nor owner of the seized vehicle and it appears that the police in order to save the real culprits falsely implicated the petitioner who is a person with clean antecedent.
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 Additional Sessions Judge, IInd-cum- Special Judge, Excise Act, Madhubani in connection with Ladaniya P.S. Case No.268 of 2018, 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.72029 of 2024(2) dt.03-10-2024 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?
Indian Penal Code, 1860 — ss. 272, 273; Bihar Prohibition and Excise Act; 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.