This bail petition concerns the petitioner's apprehension of arrest in a case involving illicit liquor trafficking under the Bihar Prohibition and Excise Act and IPC. The court rejected the application for anticipatory bail.
The application for anticipatory bail was rejected and denied.
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.68494 of 2019
Arising Out of PS. Case No.-109 Year-2018 Thana- AMBA District- Aurangabad
====================================================== GOVIND KUMAR Son of Nandu Ram, Resident of Village - Pethari, P.S.Jamhor, District- Aurangabad
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Braj Bhushan Mishra For the Opposite Party/s : Mr.Pronoti Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 08-11-2019 Heard both sides.
The petitioner apprehends his arrest in Amba P.S. Case No.109 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act and under section 414 of the IPC.
The police intercepted three vehicles. The petitioner was travelling in a Toyota Car without any registration number. Two persons, namely, Sonu Pandey and Manjit Singh were arrested from the car and the petitioner is said to have managed to flee away. Sonu Pandy and Manjit Singh disclosed the name of petitioner. 400 pouches each containing 200 ml country made liquor were recovered from the Toyota Car.
Learned counsel for the petitioner submits that the petitioner was not apprehended on the spot but the apprehended accused disclosed that it was petitioner, who managed to flee
Patna High Court CR. MISC. No.68494 of 2019(2) dt.08-11-2019 2/2
away from the Toyota Car. The petitioner is alleged to have indulged in selling illicit liquor with others.
Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J)
Harish/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving possession and alleged sale of illicit liquor.
Whether the facts disclose prima facie violation of Article 21 warranting bail on anticipatory terms.
2 provisions across 2 enactments
Govind Kumar
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
