In this anticipatory bail application under the Bihar Prohibition and Excise Act, the High Court declined to grant relief due to recovery of liquor from the petitioner's hut, directing him to seek regular bail from the lower court.
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.61501 of 2019
Arising Out of PS. Case No.-135 Year-2012 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui
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Bipin Singh, Son of Late Sahi Singh, Resident of Village- Navdih, P.S. Khaira, Dist- Jamui.
... ... Petitioner/s
Versus
2 26-09-2019
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar For the Opposite Party/s : Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
... ... Opposite Party/s
This is an application for grant of anticipatory bail in connection with Jamui Excise Case No. 135 (C2) of 2012, disclosing offences under Sections 47(A) & B of the Bihar Prohibition and Excise Act.
Allegation of recovery of 15 liters of liquor from the hut of the petitioner.
Submission of the learned counsel for the petitioner is that the hut does not belongs to the petitioner. He has no criminal antecedent.
Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that recovery is from the hut of the petitioner.
Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant
Patna High Court CR. MISC. No.61501 of 2019(2) dt.26-09-2019 2/2
privilege of anticipatory bail to the petitioner, however, the petitioner may move before the learned court below for regular bail, the same shall be considered by the learned court below, on its own merit, without being prejudiced by order of this Court, and if possible, be disposed of on the same day.
With the aforesaid, this application is dismissed.
(Vinod Kumar Sinha, J)
Sunil Shukla/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in an excise case involving alleged liquor recovery.
Bipin Singh
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
