The Patna High Court disposed of two anticipatory bail petitions by rejecting the prayer for bail, rejecting the argument that the petitioners were innocent due to lack of criminal antecedents and the nature of the recovery.
Prayer for anticipatory bail 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.
Patna High Court Cr.Misc. No.6052 of 2013 (6) dt.21-06-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6052 of 2013
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1. Sudhir Singh S/O Bindeshwari Singh
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
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with
Criminal Miscellaneous No.9752 of 2013
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1. Satyendra Rai S/O Sitab Rai
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
6 21-06-2013 Both the above stated anticipatory bail petitions arise
out of Hajipur Town P.S. Case No. 600 of 2012 registered for the
offences punishable under Sections 188, 272, 273 of the Indian
Penal Code and 47 A of the Excise Act and accordingly, both the
above stated anticipatory bail petitions are being disposed of by
this common order.
Heard learned counsel for the petitioners as well as
learned Additional Public Prosecutor for the State.
Petitioners are named in the first information report
and it is evident from perusal of the first information report that in
huge quantity foreign liquors were recovered from the respective
Patna High Court Cr.Misc. No.6052 of 2013 (6) dt.21-06-2013
thatched shops of the petitioners and the name of petitioners came on the place of occurrence.
Although, learned counsel for the petitioners submits that aforesaid thatched shops do not belong to the petitioners nor petitioners have any criminal antecedent but considering the nature of the case as well as allegation levelled against the petitioners, I am not inclined to grant the privilege of anticipatory bail to the petitioners and accordingly, their prayer for anticipatory bail in connection with the above stated Hajipur Town P.S. Case No. 600 of 2012 pending in the court of Chief Judicial Magistrate, Vaishali at Hajipur is, hereby, rejected.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
1 issue framed by the court
Whether anticipatory bail should be granted in a case involving recovery of foreign liquor from thatched shops owned by the petitioners?
2 provisions across 2 enactments
Sudhir Singh
Satyendra Rai
State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
