Allowed

Pandit Rajbanshi v. The State Of Bihar

Patna HC12 May 2016CR. MISC./8340/2016

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail fearing arrest in an excise case under Sec 47-A IPC for illicit liquor manufacturing. After hearing, the High Court granted bail subject to surrender within eight weeks and furnishing a bail bond.

What did the court decide?

Granted anticipatory bail, releasing petitioner on furnishing a bail bond of Rs. 10,000 with two sureties upon surrender within eight weeks.

Pandit Rajbanshi Vs The State Of Bihar — Anticipatory Bail | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8340 of 2016

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Arising Out of PS.Case No. -8 Year- 2011 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA

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====================================================== Pandit Rajbanshi, Son of Gondar Rajbanshi, Resident of Village- Rajar, P.S. Sirdalla, District Nawada.

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.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr. Smt. Rina Sinha(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 3 12-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

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Petitioner apprehends arrest in connection with Nawada Excise Case No. 08/11 for offence alleged under Section 47-A of the Indian Penal Code.

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The prosecution case, as lodged by the informant, is that he along with other police personnel raided the illegal place of manufacturing illicit liquor of the petitioner and recovered 100 litres of illicit mahua liquor and 1000 kg. jawa mahua and, accordingly, seizure-list was prepared.

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It has been submitted by the learned counsel for the petitioner that he is innocent having committed no offence and nothing has been recovered from his conscious possession. He

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Patna High Court Cr.Misc. No.8340 of 2016 (3) dt.12-05-2016

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further submits that 1000 kg. j awa mahua, which was kept in 5 plastic bags underground, has been destroyed while taking out, hence, the exact quantity cannot be ascertained. He further submits that petitioner has no criminal antecedent and being the first offender be granted the privilege of anticipatory bail.

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However, learned APP for the State submits that petitioner is named in the First Information Report, hence, opposes the prayer for bail.

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Be that as it may, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Nawada, in connection with Nawada Excise Case No. 08/11, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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(Nilu Agrawal, J.)

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Rajesh/-

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U T

Pandit Rajbanshi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Pandit Rajbanshi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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