This order rejects the petitioner's prayer for anticipatory bail. The petitioner was implicated in an excise case involving seized illicit liquor and challenged his arrest, claiming absence from the scene and procedural defects.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31015 of 2016
Arising Out of PS.Case No. -336 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ====================================================== Budhu Sao Son of late Sita Sao Resident of Village- Hardiya, P.S. Rajauli, Distt Nawada. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gauri Shankar Prasad For the Opposite Party/s : Mr. Sri Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 11-08-2016 Heard the counsel for the petitioner and Mr. Dayal, APP for the State. The petitioner apprehends his arrest in G.O. P.S. Case No. 336 of 2014 registered under section 47(a) of the Excise Act. On a secret information, the police raided the house of the petitioner and recovered 40 litres of illicit liquor besides 300 kg.of Jawa Mahua which was/were seized. The petitioner, however, managed to escape.
The contention of the petitioner is that he was not found at the place of occurrence. The seizure memo was not got signed by him or the independent witness. Out of animosity, the petitioner has been implicated in the present case.
Patna High Court Cr.Misc. No.31015 of 2016 (2) dt.11-08-2016
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Learned APP opposed the prayer and placed the FIR.
Looking to the allegation and other materials reflected from the records, I am not inclined to privilege the petitioner with anticipatory bail. Prayer is accordingly rejected.
(Kishore Kumar Mandal, J)
HR/U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner who apprehends arrest for alleged possession of illicit liquor under the Excise Act.
1 provisions across 1 enactments
Budhu Sao
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
