The Patna High Court granted anticipatory bail to the petitioner in a prosecution for alleged liquor smuggling, noting no liquor was recovered from his possession and citing his clean antecedents.
Petitioner granted anticipatory bail upon furnishing bond of Rs. 10,000 with two sureties of similar amount.
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.53443 of 2019
Arising Out of PS. Case No.-85 Year-2019 Thana- TAJPUR District- Samastipur
======================================================
Saroj Rai, aged about 40 years, Male, son of Arjun Rai, resident of villageIndrawara, P.S.- Tajpur Halai, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binay Kumar, Adv. For the Opposite Party/s : Mr. Madan Kumar, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 27-08-2019
Heard learned counsel for the petitioner and learned
counsel appearing on behalf of the State.
The petitioner apprehends his arrest in connection with Tajpur (Halai) P.S. Case No. 85 of 2019 registered under section 30(a), 41(i) (ii) of Bihar Prohibition & Excise Act 2016.
The allegation against the petitioner, as per the first information report, is that police party received a secret information that near Indrawara Bhuskar Chauk liquor mafias namely the petitioner and others were trying to transport illegal liquor. The police party proceeded towards the place of occurrence and raided near the same and found one truck, standing in between wheat field and bushes bearing registration no. UP82T-0146 and upon search, recovered a total quantity of 2623 liters of illicit liquor. It is further alleged that the petitioner and others upon seeing the police fled away from the place of
Patna High Court CR. MISC. No.53443 of 2019(2) dt.27-08-2019 2/3
occurrence.
Learned counsel appearing for the petitioner submits that the petitioner has no criminal antecedent and has falsely been implicated in this case due to village politics. Learned counsel further submits that truck from where the illicit liquor has been recovered does not belong to him and no recovery of illicit liquor has been made from the conscious possession of the petitioner and vehicle belonging to the petitioner. Learned counsel further submits that similarly situated accused persons have been granted bail by this Court in Criminal Miscellaneous No. 36702 of 2019 and 36169 of 2019.
After having heard learned counsel for the parties and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession or vehicle belonging to the petitioner and further petitioner has got no criminal antecedent and similarly situated accused persons have been granted bail by this Court, I am inclined to grant anticipatory bail to the petitioner.
Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond
Patna High Court CR. MISC. No.53443 of 2019(2) dt.27-08-2019 3/3
of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Session Judge, Samastipur in connection with Tajpur (Halai) P.S. Case No. 85 of 2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Anil Kumar Sinha, J)
Anjula/-
U
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in the undertrial case for alleged violation of Bihar Prohibition and Excise Act.
Whether the lack of illicit liquor recovery from the petitioner's possession warrants grant of anticipatory bail.
1 provisions across 1 enactments
Saroj Rai
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
