In an anticipatory bail petition under Section 47(a) of the Excise Act, the Patna High Court rejected the prayer for anticipatory bail due to the quantum of illicit liquor recovered. The petitioner was directed to surrender and seek regular bail.
Prayer for anticipatory bail rejected. Petitioner directed to surrender and seek regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37585 of 2017
Arising Out of PS.Case No. -15 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. DistrictDARBHANGA
====================================================== Mahendra Paswan, Son of Anup Das @ Anup Paswan, Resident of Village- Mahadevi, Police Station- Bahera, District- Darbhanga.
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Smt. Asha Kumari
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
3 04-09-2017 Heard learned counsel for the petitioner and the State.
The petitioner apprehends arrest in G.O. Case No. 131 of 2017 arising out of G.O. Case No. 15 of 2015 instituted for the offence under Section-47(a) of the Excise Act.
It has been submitted on behalf of the petitioner that this case is registered under Old Excise Act for the offence u/S 47(a) of the Excise Act.
It is alleged that total 10 litres of illicit country-made liquor and 1.260 litre of foreign liquor have has been recovered from house of the petitioner. The petitioner was found absconding from the house.
The seizure list has been enclosed, in which, it has been mentioned that 11.260 litre of illicit liquor (both country-made and foreign) have been recovered from house of this petitioner.
In such circumstances, this court is not inclined to grant
Patna High Court Cr.Misc. No.37585 of 2017 (3) dt.04-09-2017
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anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected.
The petitioner is directed to surrender in the court below and seek regular bail, which will be considered on its own merit without being prejudiced by this order.
(Sanjay Priya, J)
A.K.V./-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner under Section 47(a) of the Excise Act.
Whether the petitioner should be directed to surrender for regular bail.
Mahendra Paswan
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
