A criminal miscellaneous application for anticipatory bail arising from recovery of country-made liquor. The High Court denied anticipatory bail, directing the petitioners to surrender for regular bail instead.
Application for anticipatory bail dismissed; directive to surrender for regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64774 of 2019
Arising Out of PS. Case No.-44 Year-2014 Thana- HALSI District- Lakhisarai
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Amrendra Kumar For the Opposite Party/s : Mr.Ram Bachan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 16-10-2019
This application, for grant of anticipatory bail, arises
out of Halsi P.S. Case No. 44 of 2014, disclosing offences under Sections 290 of the Indian Penal Code and Sections 41(A) (F)/47(A) of Excise Act.
Allegation is of recovery of 150 litres of raw mahua country made liquor from the house of the petitioners.
Submission of learned counsel for the petitioners is
that they have no criminal antecedent and while family members have falsely been implicated in this case.
Learned counsel for the State opposed the prayer for anticipatory bail of the petitioners on the ground that there is
Patna High Court CR. MISC. No.64774 of 2019(2) dt.16-10-2019 2/2
recovery of country made liquor from the house of the petitioners and they were engaged in manufacturing of country made liquor.
Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.
This application is, accordingly, dismissed.
(Vinod Kumar Sinha, J)
sunilkumar/-
U T
1 issue framed by the court
Whether the application for anticipatory bail should be granted to the petitioners in a case involving manufacture of country-made liquor.
2 provisions across 2 enactments
Billo Dharhi and others
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
