Patna High CourtCR. MISC./43879/2024bail granted

Amitabh Chauhan @ Amitabh Kumar v. The State Of Bihar

2024-06-25Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43879 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- SRIPUR District- Gopalganj ====================================================== AMITABH CHAUHAN @ AMITABH KUMAR S/O TILAK CHAUHAN R/O VILL - DERWA, P.S. - GOPALPUR, DIST - GOPALGANJ. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-06-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 52.200 liters of liquor from a motorcycle and one Arjun Chauhan was arrested who disclosed the name of the petitioner alleging that he had given the motorcycle and cash for purchasing liquor.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.43879 of 2024(2) dt.25-06-2024 2/3 the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and has no connection with Arjun Chauhan who is the owner of the seized vehicle and he came to be implicated based on confessional statement of apprehended accused in police custody which does not have any evidentiary value.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner abovenamed, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) 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 Sripur P.S. Case No. 12 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, it is made clear the learned Trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the

Patna High Court CR. MISC. No.43879 of 2024(2) dt.25-06-2024 3/3 event if it is found that petitioner has antecedent of more than one case in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) shivam/- U T