Criminal Miscellaneous application for anticipatory bail filed against drunkenness and water pollution charges. Petitioners alleged false implication regarding illegal liquor manufacturing. The bench rejected the prayer for pre-arrest bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33449 of 2016
Arising Out of PS.Case No. -86 Year- 2016 Thana -GAYA MUFFSIL District- GAYA ====================================================== 1. MANTU YADAV 2. Sheonath Yadav both 1 & 2 sons of Late Ramdeo Yadav All residents of Village- Maniara, P.S.- Mufassil (Gaya), District- Gaya. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sourendra Pandey For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
2 20-08-2016 Heard learned counsel for the petitioners as well as learned counsel for the State. In this application for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 272 and 273 of the I.P.C. read with section 47 (A) of the Excise Act.
Allegedly, the petitioners were manufacturing illicit Mahua liquor and after sensing arrival of the police personnel they succeeded in fleeing away but near the machine of the petitioners illicit mahua liquor kept in three plastic drums and other materials were seized as per the seizure list.
Submission is of false implication and that the place
Patna High Court Cr.Misc. No.33449 of 2016 (2) dt.20-08-2016
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of the occurrence is not of the petitioner, they have been made victim of the circumstances and the seizure list witnesses have not supported the prosecution version and as such the petitioners deserve sympathetic consideration.
The learned A.P.P. seriously opposes prayer for bail.
In the facts and circumstances as stated above, considering the allegation I am not inclined to grant privilege of pre-arrest bail to the petitioners and accordingly their such prayer stands rejected in connection with Mofassil P.S.Case No. 86 of 2016 pending in the court of C.J.M. Gaya.
(Jitendra Mohan Sharma, J)
Abhay/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners apprehended arrest for manufacturing illicit liquor.
Whether the alleged false implication and procedural flaws warrant sympathetic consideration for pre-arrest bail.
2 provisions across 2 enactments
Mantu Yadav
Sheonath Yadav
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
