This oral order rejects the petitioner's anticipatory bail petition filed to avoid arrest for alleged offences of selling liquor without a license under Sections 272, 273, 308 of the IPC and 47A of the Excise Act.
The petitioner was directed to surrender before the court below within four weeks.
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Patna High Court Cr.Misc. No.3546 of 2013 (6) dt.01-08-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3546 of 2013
====================================================== 1. Shambhu Singh S/O Narsingh Singh .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 6 01-08-2013 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner apprehends his arrest in connection with Pachrukhi (Sarai O.P.) P.S. Case No. 158 of 2012 registered for the offences punishable under Sections 272, 273, 308 of the Indian Penal Code and 47 A of the Excise Act.
The accusation against the petitioner is that he was selling liquor without having any license.
The contention on behalf of the petitioner is that petitioner was authorized by the original licensee. To fortify the aforesaid contention, he drew my attention towards Annexures-2 and 3 to the petition.
Regard being had to the facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition stands rejected with observation that petitioner shall surrender before the court below within four weeks from today
Patna High Court Cr.Misc. No.3546 of 2013 (6) dt.01-08-2013
and if he does so and seeks regular bail before the learned court below, the same shall be considered by the learned court below on its own merit without being prejudiced by this rejection order, particularly, keeping in mind the Annexures-2 and 3, if the same are filed before the learned court below along with regular bail petition.
Let this order be communicated to the court of Chief Judicial Magistrate, Siwan in connection with above stated case through fax at the cost of the petitioner.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
1 issue framed by the court
Whether the anticipatory bail petition filed by the petitioner apprehending arrest for liquor smuggling offences be allowed or rejected.
2 provisions across 2 enactments
Shambhu Singh
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
