Naikul Haque @ Ismail v. The State Of Bihar
Case brief
What is this about?
This case deals with a petition for anticipatory bail regarding an offence under the Bihar Excise Act, specifically concerning the recovery of country-made liquor and foreign liquor bottles. The bench rejected the prayer for anticipatory bail but left the door open for future consideration of the petitioner's bail application.
What did the court decide?
Prayer for anticipatory bail was rejected. Petitioner allowed to surrender and seek regular bail for future consideration.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39931 of 2014
Arising Out of PS.Case No. -42 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictPURNIA ====================================================== 1. Naikul Haque @ Ismail S/o Md Kasimuddin R/o village- Daulatpur, P.SBaisi, District- Purnea .... Petitioner Versus 1. The State of Bihar .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Md. Bahauddin, Adv. For the Opposite Party : Mr. Nityanand (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 22-04-2015 Heard the learned counsel for the petitioner and the State.
This is a petition for grant of anticipatory for offence under Section 47 (A)(d)(f)(g) of the Bihar Excise Act with regard to recovery of 130 liters of country made liquor and about 2500 pieces of foreign liquor bottles. The learned counsel for the petitioner submits that the petitioner is only the owner of the house and house was given on rent.
Having regard to the facts and
circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner.
The prayer for anticipatory bail is rejected .
However, if the petitioner surrenders and prays for regular bail, then, that may be considered on it’s own merit without being prejudiced of this order.
Issues for consideration
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner for offence under Section 47 of the Bihar Excise Act.
Parties & counsel
- petitioner
Naikul Haque @ Ismail
- respondent
The State of Bihar
Coram
Gopal Prasad
Case details
As recorded by the court registry
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