In a bail application under Bharatiya Sakshya Adhikari No. 1057 of 2018, the Jharkhand High Court rejected the prayer for bail. The petitioner, accused of manufacturing illicit liquor and possessing a country-made rifle, was denied bail at the current stage.
Prayer for bail of the petitioner is rejected/stands rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 1057 of 2018
Guddu Gupta @ Guddu Kumar Gupta …. …. Petitioner(s).
Versus
The State of Jharkhand …. …. Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
-----For the Petitioner(s) : Mr. Sanjay Kumar, Advocate For the State : A.P.P.
04/17.04.2018
Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing an offence punishable under Sections 414, 290, 273, 467, 468, 471, 120(B) IPC and under Section 47(A) of Excise Act.
It is alleged that huge quantity of spirit and country made riffle were recovered. This petitioner and others use to manufacture illicit liquor. It is alleged that petitioner has taken the premises of one Rajesh Badai and manufactured illicit liquor.
Taking into consideration the recovery and the fact that petitioner was engaged in manufacturing of illicit country made liquor, I am not inclined to grant privilege of bail to the petitioner. Accordingly, the prayer of bail of the petitioner above named in in connection with Ormanjhi Police Station Case No. 138 of 2017 (G.R. No. 5873 of 2017), pending in the court of learned Chief Judicial magistrate, Ranchi stands rejected at this stage.
(ANANDA SEN , J)
anjali/ C.P 3
2 issues framed by the court
whether bail should be granted to the petitioner accused of manufacturing illicit liquor and possessing a country-made rifle
whether the recovery of huge quantity of spirit and spirits makes the petitioner ineligible for bail
2 provisions across 2 enactments
Guddu Gupta @ Guddu Kumar Gupta
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
