Petitioner sought anticipatory bail in an Excise Act case regarding recovery of illicit liquor from his land after eight years. Bench declined grant of anticipatory bail but directed disposal of regular bail petition if he surrenders.
Prayer for anticipatory bail rejected; petitioner to surrender so lower court may consider regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46611 of 2016
Arising Out of PS.Case No. -24 Year- 2009 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHOJPUR
====================================================== Umesh Yadav S/o Lallan Yadav R/o Village Bhagwatipur, P.S. Udwant Nagar, District Bhojpur.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimal Kumar, Adv. For the Opposite Party/s : Mr. Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 05-12-2016 Heard both sides.
The petitioner apprehends his arrest in Excise Case No. 24/2009 corresponding to Trial no. 876/2015, registered for the offences punishable under Section 47(A) of the Excise Act.
The police on secret information raided the field of the petitioner and from there semi-prepared country-made liquor was recovered.
Learned counsel for the petitioner submits that even the plot number has not been given in complaint petition. The informant has to show that the land belongs to the petitioner. Petitioner could not be held responsible for recovery of any material from a vacant piece of land, but it appears that the case
Patna High Court Cr.Misc. No.46611 of 2016 (2) dt.05-12-2016
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was instituted in the year 2009 and the petitioner filed this case for grant of anticipatory bail after about eight years.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.
If the petitioner surrenders in the court below, learned court below shall consider the prayer for regular bail of the petitioner on its own merit and dispose of the bail petition on the same day.
(Prabhat Kumar Jha, J.)
Vinita/U T
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail in an excise case where the raid was based on secret information alleging recovery of liquor from a field.
1 provisions across 1 enactments
Umesh Yadav
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
