The Patna High Court dismissed a petition for anticipatory bail sought by two accused persons. The court refused the prayer against the State in a case involving liquor recovery, directing the petitioners to surrender and seek regular bail.
Prayer for anticipatory bail 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.59652 of 2019
Arising Out of PS. Case No.-135 Year-2019 Thana- KARAHGAR District- Rohtas
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Deovind Kumar Singh For the Opposite Party/s : Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 15-11-2019 Petitioners seek bail in anticipation of their arrest in connection with Kargahar P.S. Case No. 135 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
As per FIR there is recovery of 69.120 litres of liquor from in front of house of petitioner No.1 kept confined in the bushes and there is also recovery of 146.880 litres of liquor from outside the house of petitioner No.2 kept hidden in the ditch.
Submission of learned counsel for the petitioners is that both the places are open and petitioners have falsely been implicated, having no criminal antecedent.
Patna High Court CR. MISC. No.59652 of 2019(4) dt.15-11-2019 2/2
Heard learned APP, who has opposed the prayer for
anticipatory bail of the petitioners.
In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioners. They may surrender and pray for regular bail.
This application is, accordingly, dismissed.
(Vinod Kumar Sinha, J)
spal/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners against arrest in connection with the recovery of liquor.
Whether the open nature of the recovery spots and the lack of criminal antecedent justify the grant of anticipatory bail.
ROHIT KUMAR @ ROHIT CHAUDHARI
Om Prakash Chaudhari
The State of Bihar
VINOD KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
