Single judge ordered anticipatory bail for the petitioner in a case regarding illicit liquor manufacturing. The court granted relief subject to surety bond and surrender within four weeks.
Petitioner enlarged on bail furnishing bond of Rs. 15,000 with two sureties of like amount, subject to surrender within four weeks.
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.18291 of 2019
Arising Out of PS. Case No.-494 Year-2018 Thana- DUMRAO District- Buxar
======================================================
ANGRAHIT YADAV @ AMARHIT YADAV @ AMRAHIT YADAV aged about 40 years (Male), Son of Ramsigasan Yadav @ Ram Singhasan Yadav, Resident of Village- Banjhu Dera, P.S.- Dumraon, District- Buxar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar Singh For the Opposite Party/s : Mr.Indu Kumari Srivastava ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
2 04-04-2019
Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
The petitioner is seeking anticipatory bail in connection with Dumraon P.S. Case No. 494/2018 registered under Sections 272, 273 of the Indian Penal Code and 3(2)/9/(2) of Bihar Excise Prohibition Amendment Act, 2018.
Learned counsel for the petitioner submits that as per prosecution version that on 27.12.2018 while the informant along with other police personnel arrived near the Kaw river after getting a tip off, nabbed one person in the state of intoxication and on his information several utensils of manufacturing of illicit country made liquor were
Patna High Court CR. MISC. No.18291 of 2019(2) dt.04-04-2019 2/3
recovered and seized.
Submission of learned counsel for the petitioner is that there is no recovery of alleged illicit country made liquor from the house of the petitioner rather the seizure is said to have been made at the bank of river. It is submitted that name of the petitioner has been brought in this case on the basis of information said to have been supplied by the villagers as also that this petitioner has got no criminal antecedent
Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of the case whereunder there is no recovery of alleged illicit country made liquor from the house of the petitioner rather the seizure is said to have been made at the bank of river but the name of the petitioner has been brought in this case on the basis of information said to have been supplied by the villagers as also that this petitioner has got no criminal antecedent, in the event of his arrest/surrender before the court below within a period of four weeks, let the abovenamed petitioner be enlarged on bail furnishing bail bond of
Patna High Court CR. MISC. No.18291 of 2019(2) dt.04-04-2019 3/3
Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J. - II – cum – Special Judge (Excise), Buxar, in connection with Dumraon P.S. Case No. 494/2018, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure.
(Rajeev Ranjan Prasad, J)
Rajeev/-
U T
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail in a case involving manufacture of country-made liquor based on informant's tip-off.
1 provisions across 1 enactments
Angrahit Yadav @ Amarhit Yadav @ Amrahit Yadav
The State of Bihar
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
