Single Judge rejected the petitioner's application for anticipatory bail in a case involving illicit liquor. The court refused to grant relief, directing surrender for regular bail.
Application for anticipatory bail rejected. Petitioner directed to surrender within four weeks for regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41017 of 2016
Arising Out of PS.Case No. -647 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. District- NAWADA ===================================== 1. Pawan Chaudhary, Son of Late Ghutan Chaudhary, Resident of Village:- Gurmha, P.S:- Muffasil, District:Nawada. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Adv. For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
=====================================
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
2 26-09-2016 Heard the parties.
This application, for grant of anticipatory bail, arises out of G.O. Case No. 647 of 2015, disclosing offences under Section 47(a) (F) of the Excise Act.
It is alleged that on the basis of secret information, in a raid, conducted by the Excise Officials, 20 liters of illicit liquor and 200 kg. Jawa Mahua were recovered from the place from where the petitioner used to operate. At the time of search, the petitioner succeeded in
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fleeing away.
Learned counsel for the petitioner has submitted that the petitioner has no concern with the place from where the illicit liquor and Mahua were recovered.
However, considering the nature of allegation, I am not inclined to grant the petitioner, above named, the privilege of anticipatory bail.
This application is, accordingly, rejected.
The petitioner is directed to surrender before the learned court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned court below on its own merit, without being prejudiced by rejection of present application for grant of anticipatory bail.
(Chakradhari Sharan Singh, J.)
Praveen-II/-c
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging recovery of illicit liquor and Mahua.
Whether the petitioner's lack of connection with the place of search warrants grant of anticipatory bail.
Pawan Chaudhary
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
