The Patna High Court declined to grant anticipatory bail to the petitioner, owner of a pick-up van seized with country-made wine, dismissing the application under Section 438 CrPC due to the serious nature of the allegations.
Application under Section 438 CrPC dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43373 of 2015
Arising Out of PS.Case No. -7 Year- 2015 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1. Arvind Kumar, son of Jageshwar Rai, Resident of village- Etwarpur, P.S.- Lalganj, District- Vaishali. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghwendra Kumar Singh, Adv For the Opposite Party/s : Mr. Jharkhandi Upadhyay (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 13-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Pipra P.S. Case No. 07 of 2015 registered under sections 272, 273, 420, 120-B of the Indian Penal Code and 47(a) of the Excise Act.
The petitioner is said to be the owner of one pick-up van carrying 14800 pouches of country made wine.
The defence of the petitioner is that he has no concern with the alleged goods said to have been seized from the vehicle in question. The other accused persons have already been granted regular bail by the court below.
Be that as it may, regard being had to the serious
Patna High Court Cr.Misc. No.43373 of 2015 (2) dt.13-10-2015
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nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the application under Section 438 of the Code of Criminal Procedure is dismissed.
(Ashwani Kumar Singh, J)
Pradeep/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in a case involving liquor smuggling.
Whether the petitioner's claim of no involvement justifies pre-arrest bail despite the serious nature of the charges.
1 provisions across 1 enactments
Arvind Kumar
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
