In anticipation of arrest in an Excise case involving IPC sections 414, 353, 120(B) and Bihar Prohibition and Excise Act Section 30(a), the petitioner sought anticipatory bail. The court, noting facts including an unconfirmed apprehension of arrest and lack of recovered evidence, rejected the application.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.676 of 2019
Arising Out of PS. Case No.-203 Year-2018 Thana- ARA MUFFSIL District- Bhojpur
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Rahul Rai son of Late Nagendra Rai, Resident of village-Suremanpur, P.S.Shahpur, District-Bhojpur.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Birendra Kumar Singh For the Opposite Party/s : Mr.Ahtash Ali Khan ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 16-01-2019 Heard both sides.
The petitioner apprehends his arrest in Excise Case No.966 of 2018 arising out of Ara Muffassil P.S. Case No.203 of 2018 registered under Sections 414, 353, 120(B) of the Indian Penal Code and under Section 30(a) of Bihar Prohibition and Excise Act.
The informant alleged that he saw some people who had caught two persons with a pick-up van bearing registration No.BR-04F-4551. The apprehended accused disclosed their names as Rahul Rai and Sujit Ram. The vehicle was seized. Narendra Rai came later on and protested the arrest of Rahul Rai and Sujit Ram on such, Rahul Rai fled away from the custody of the police.
The learned counsel for the petitioner submits that the
Patna High Court Cr.Misc. No.676 of 2019(2) dt.16-01-2019 2/2
petitioner was not arrested. Nothing has been recovered from the vehicle. Narendra Rai and Sujit Ram were arrested and on their confession, liquor was recovered from a bush but it appears that the petitioner was apprehended by the police but when protest was made, the petitioner fled away from the custody of the police.
Considering the aforesaid facts, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J)
Saurabh/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in the present Excise case.
2 provisions across 2 enactments
Rahul Rai
The State Of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
