The High Court rejected the petitioner's application for anticipatory bail due to his criminal antecedents of identical nature, though regular bail may be considered upon surrender.
Application for anticipatory bail dismissed. Regular bail to be considered on surrender.
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.10545 of 2019
Arising Out of PS. Case No.-586 Year-2018 Thana- MUFFASIL District- West Champaran
======================================================
Sunil Kumar @ Sunil Kumar Gupta, aged about 30 years, Male, S/o Jamadar Prasad (wrongly stated in the FIR as Jawahar Prasad), resident of Village - Dumari, P.S. - Yogapatti, District – West Champaran, at Present R/O Purani Gudari, P.S. - Bettiah Town (Kalibag O.P.) Distt. - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey For the Opposite Party/s : Mr.Syed Ehteshamuddin ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL ORDER
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), 31, 35, 38, 41 and 56(D) of the Bihar Prohibition and Excise Act, 2016.
Though there is no direct allegation against the petitioner, however, the petitioner has got criminal antecedent of identical nature.
Submission is that due to family dispute, the agnate of the petitioner has implicated him in different cases.
Considering the criminal antecedent of the petitioner, I am not inclined to enlarge him on anticipatory bail in
Patna High Court Cr.Misc. No.10545 of 2019(2) dt.21-02-2019 2/2
connection with Bettiah (Muffasil) Police Station Case No. 586 of 2018 pending in the court of learned Special Judge, Excise, Bettiah, West Champaran.
However, in the event of surrender of the petitioner, prayer for regular bail shall be considered by the learned court below without being prejudiced by this order and on its own merit according to law.
(Birendra Kumar, J)
Kundan/Rajan
U T
1 issue framed by the court
Whether anticipatory bail shall be granted to the petitioner in a case under the Bihar Prohibition and Excise Act.
1 provisions across 1 enactments
Sunil Kumar @ Sunil Kumar Gupta
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
