In a writ petition seeking anticipatory bail, the Patna High Court dismissed the application regarding an FIR under the Bihar Prohibition and Excise Act, 2016, directing the petitioner to seek regular bail.
Application for anticipatory bail dismissed; directed to seek regular bail before lower court.
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.12432 of 2019
Arising Out of PS. Case No.-678 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur
======================================================
Uma Shankar, son of Bhagwa Charan Prasad, Resident of Village-Machhahi, P.S.- Sakra, District -Samastipur (Owner of the vehicle Registration No. JHO1CZ 4481 Car)
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ramanath Kumar, Advocate For the Opposite Party/s : Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 26-06-2019
This is an application for grant of anticipatory bail in connection with Samastipur (Muffasil) P.S. Case No.678 of 2018, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Allegation of recovery of 94 liters of liquor from the TATA Comp. TIGO RXM and two persons succeeded in fleeing away and the petitioner happens to be the owner of the said vehicle.
Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case and he was not present at the spot. Further submission is that he has no criminal antecedent.
Heard learned A.P.P. also.
Having heard both sides, in view of the facts and
Patna High Court CR. MISC. No.12432 of 2019(4) dt.26-06-2019 2/2
circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner may move before the learned court below for regular bail, which shall be considered by the learned court below, without being prejudiced by order of this Court and if possible, be disposed of on the same day.
With the aforesaid, this application is dismissed.
(Vinod Kumar Sinha, J)
Sunil Shukla/-
U T
1 provisions across 1 enactments
Uma Shankar
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
