The Patna High Court granted anticipatory bail to Pawan Rai apprehending arrest and surrender under C2A-145 of 2018 registered under Section 30(a) of the Bihar Excise Act, 2016 regarding liquor recovery.
Petitioner released on anticipatory bail upon surrender or arrest within six weeks, furnishing bond of Rs. 10,000 with two sureties each.
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.26781 of 2019
Arising Out of PS. Case No.-145 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali
====================================================== Pawan Rai @ Pawan Kumar, Son of Mahendra Rai, Resident of Village-Mile, P.S-Bidupur, District-Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar For the Opposite Party/s : Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
... ... Opposite Party/s
2 24-04-2019 Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with C2A-145 of 2018 registered under Section 30(a) of the Bihar Excise Act, 2016.
The accusation is of recovery of 175 cartoons containing 1575 litres Indian made foreign liquor from the hut and a tempo was also seized, which was standing near the hut in village Baliyarpur Diyara, while the owner of tempo, Shiv Kumar Singh son of Bharamdeo Singh, Ramesh Ray and petitioner were succeeded to flee away.
Learned counsel for the petitioner submits that petitioner is not the owner of the aforesaid tempo, which would
Patna High Court CR. MISC. No.26781 of 2019(2) dt.24-04-2019 2/2
appear from the F.I.R. and petitioner is also not the owner of the land, upon which, hut was constructed, from which, Indian made foreign liquors were said to be recovered. Further submission is that petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Vaishali, Hajipur, in connection with C2A-145 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
3 issues framed by the court
Whether the petitioner qualifies for anticipatory bail in a case under Section 30(a) of the Bihar Excise Act, 2016 involving liquor recovery.
Whether the petitioner's denial of ownership over the tempo and land affects the grant of bail.
What conditions and duration must apply to the anticipatory bail order.
2 provisions across 2 enactments
Pawan Rai @ Pawan Kumar
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
