In a criminal miscellaneous matter, the Patna High Court refused anticipatory bail to the petitioner accused of liquor offences and unlawful possession, directing him to surrender for regular bail if desired later.
Prayer for anticipatory bail rejected; direction to surrender and seek regular bail from the court below.
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.41300 of 2019
Arising Out of PS. Case No.-404 Year-2018 Thana- SAKRA District- Muzaffarpur
======================================================
RAKESH KUMAR SINGH S/o Nand Kishore Singh R/o Mohalla/VillageKanhauli Sarwati Vihar Colony, P.S.- Mithanpura, District- Muzaffarpur, Bihar
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Singh For the Opposite Party/s : Mr.Madhura Nand Jha ======================================================
CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
2 05-07-2019
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Sakra P.S. Case No. 404 of 2018 registered for offence punishable under sections 272, 273, 353, 307 of the Indian Penal Code, section 27 of the Arms Act and sections 30 (a), 38 and 41 of the Bihar Prohibition and Excise Act, 2018.
3868.2 litres of illegal liquor has been recovered from different vehicles and the vehicle of the petitioner was also found there.
The learned counsel for the petitioner submits that no recovery has been made from the vehicle of petitioner and
Patna High Court CR. MISC. No.41300 of 2019(2) dt.05-07-2019 2/2
the person, who has been apprehended, does not disclose the name of this petitioner, but during investigation, the name of this petitioner has transpired to be involved in that liquor. He further submits that the name of this petitioner has been tacked on account of having friendship with Ajay Jha @ Babua Don and his wife and on that account he has been made accused. The petitioner has criminal history.
Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the petitioner surrenders and prays for regular bail, the court below without being prejudiced by the order of this Court, will take decision in accordance with law.
(Shivaji Pandey, J)
Mahesh/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner involved in liquor and unlawful possession cases?
3 provisions across 3 enactments
Rakesh Kumar Singh
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
