The Patna High Court dismissed an application for anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allowed surrender if executed.
Prayer for anticipatory bail of the petitioner is rejected; surrender for regular bail to be considered later.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.51585 of 2018
Arising Out of PS.Case No. -433 Year- 2018 Thana -NAWADA District- NAWADA
====================================================== Deepu Kumar son of Shambhu Mistri Resident of Village - Akauna, Police Station - Muffasil, District Nawada.
.... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Bisheshwar Ram
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 27-09-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 54 liters wine is recovered.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The alleged recovered liquor is denied by the petitioner. There is no other substantial evidence to suggest the implication of
the petitioner in the present case. The motorcycle in question does
Patna High Court Cr.Misc. No.51585 of 2018 (3) dt.27-09-2018
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not belong to the petitioner.
On behalf of the State, it is submitted that the petitioner is named in the FIR. He is alleged to have fled away from the police custody after his arrest.
Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner in connection with Nawada Town P.S. Case No. 433 of 2018 is rejected.
Anyhow, if the petitioner surrenders in the court below and seek regular bail, same shall be considered and disposed of on its own merit without being prejudiced by this order.
(Sudhir Singh, J)
A.K.V./U T
2 issues framed by the court
Whether anticipatory bail can be granted to the petitioner in a case related to Bihar Prohibition and Excise Act.
Whether the petitioner surrendered and sought regular bail shall be considered on merits.
Deepu Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
