In an anticipatory bail matter arising from a liquor recovery case, the Patna High Court rejected bail for the brother running the shop but granted it to the petitioner student on family surety conditions.
Petitioner 1 released on anticipatory bail upon surrender with bond and family surety; Petitioner 2 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30776 of 2016
Arising Out of PS.Case No. -18 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== 1. Abhishek Rai @ Abhishek Patel son of Late Ram Sagar Rai 2. Nandu Patel @ Nandu Rai, son of Late Ram Sagar Rai both resident of Village-Awapur P.S. Puparti, District Sitamarhi .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 08-08-2016 Heard the counsel for the petitioners and the State. The petitioners herein seek anticipatory bail in G.O. Case No. 18 of 2014 registered under section 47(a) and 18(i) of the Excise Act.
A huge quantity of country-made liquor as well as India made foreign liquor (IMFL) was allegedly recovered form the cloth shop. It is stated that according to the prosecution report which was belatedly filed by the prosecution, the cloth shop was running by petitioner no.2. Petitioner not 1 has also been cited as an accused as he is full brother of petitioner no.2.
Having heard the parties and on perusal of the material on record including the impugned order, in my view, petitioner no.2, namely, Nandu Patel @ Nandu Rai does not deserve the privilege
Patna High Court Cr.Misc. No.30776 of 2016 (2) dt.08-08-2016
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of anticipatory bail. His prayer for bail is accordingly rejected.
Petitioner no.1 Abhishek Rai @ Abhishek Patel is stated to be the brother of petitioner no.2 and presently is pursing the B. Tech course, as would appear from the records. He is directed to be released on anticipatory bail in the event of arrest/surrender within four weeks from today on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of CJM, Sitamarhi in G.O. Case No. 18 of 2014 on condition that one of his bailors shall be his own/close family members. No sooner the charges are framed, he shall appear in person on the date(s) fixed at the trial court. In case of default in doing so on two consecutive dates, the trial court shall be at liberty to cancel his bail bonds.
(Kishore Kumar Mandal, J)
HR/-
U T
2 issues framed by the court
Whether petitioner no. 2 (Nandu Rai) deserves the privilege of anticipatory bail in a liquor case.
Whether petitioner no. 1 (Abhishek Rai) should be released on anticipatory bail pending trial in the same case.
Arbishek Rai @ Abhishek Patel and Nandu Patel @ Nandu Rai
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
