In a criminal miscellaneous petition, the petitioner sought anticipatory bail fearing arrest in a case involving illicit liquor storage. The single-judge bench rejected the plea, observing the nature of the allegations and refusing bail.
Anticipatory bail application rejected; prayer for enlargement of petitioner dismissed.
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.3038 of 2019
Arising Out of PS. Case No.-234 Year-2018 Thana- PIAR District- Muzaffarpur
======================================================
Sanjeev Kumar Rai @ Sanjeev Kr. Rai S/o Chandradev Ray Resident of village- Bandra, P.S- Piar, Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Nitu Kumari For the Opposite Party/s : Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 23-01-2019 Heard both sides.
The petitioner apprehends his arrest in Piar P.S. case No. 234 of 2018 registered under Section 272, 273 of the Indian Penal Code and under Section 30(a) of Bihar Prohibition & Excise Act.
The informant, a police officer, got information that a motor cycle bearing registration No. BR33P-6726 was parked by the side of road and illicit liquor was kept in the dicky of the motor cycle. On such, the motor cycle was seized and about six liters of IMFL of different brands was recovered.
The learned counsel for the petitioner submits that petitioner is owner of the motor cycle but petitioner did not kept any liquor in the dicky of motor cycle but it appears from perusal of the FIR that it was the petitioner who had parked the
Patna High Court Cr.Misc. No.3038 of 2019(2) dt.23-01-2019 2/2
motor cycle and in the dicky of the motor cycle about six liters of IMFL of different brands was recovered.
Considering the facts aforesaid and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J)
BKS/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving illegal liquor storage.
Whether the apprehension of arrest is reasonable to warrant bail under Section 272, 273 IPC and Bihar Prohibition & Excise Act.
2 provisions across 2 enactments
Sanjeev Kumar Rai @ Sanjeev Kr. Rai
The State of Bihar Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
