Single judge ordered disposal of an anticipatory bail petition relating to charges under the Bihar Prohibition and Excise Act. The Full Bench decision was applied to remit the case to the lower court for reconsideration of the Act's applicability.
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.43987 of 2019
Arising Out of PS. Case No.-72 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna
======================================================
AMRESH RAY @ AMRESH KUMAR Son of Suresh Ray Resident of Village-Didarganj, Infront of Petrol Pump Gali, P.S.-Didarganj, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajiva Ranjan, Adv. For the Opposite Party/s : Mr.Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
4 21-08-2019
Heard learned counsel for the petitioner as well as
learned APP.
Having been specially assigned by Hon’ble the Chief Justice, the matter has been listed before this Bench in pursuance of order dated 07.08.2019.
Petitioner has asked for grant of an anticipatory bail relating to Special Case No. 4588/2019 registered under Section 30(a), 32(3) of Bihar Prohibition and Excise Act, 2018.
Gone through the order impugned. The Full Bench in Cr. Appeal No. 431/2019 along with other appeals vide judgment dated 17.05.2019, has observed that first of all, one has to consider whether the allegation so propounded attracts applicability of Excise Act or not and then thereafter, the matter
Patna High Court CR. MISC. No.43987 of 2019(4) dt.21-08-2019 2/2
has to be decided. From the order impugned, it is evident that learned lower court has failed on that very score.
Consequent thereupon, the matter is remitted back to
the learned lower court to consider in light of direction having been given under the Full Bench decision. In terms thereof, the instant petition stands disposed of.
(Aditya Kumar Trivedi, J)
perwez
U T
2 issues framed by the court
Whether the lower court should have considered applicability of the Bihar Prohibition and Excise Act before granting bail.
Whether the petition should be disposed of after remitting the matter to the lower court per Full Bench directions.
Colour shows how this judgement treated each authority
Full Bench judgmentApplied¶14
Cr. Appeal No. 431/2019
2 provisions across 2 enactments
Amresh Ray @ Amresh Kumar
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
