In an anticipatory bail petition filed under CrPC 1973, the Patna High Court rejected the petitioner's application. The court declined to enlarge the petitioner despite evidence of liquor and arms recovery from his house. Reasons for rejection are not detailed in the order.
Application for anticipatory bail rejected.
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.68509 of 2019
Arising Out of PS. Case No.-337 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur
======================================================
DHARMENDRA RAM Son of Mangal Ram, Resident of Village - Arra, P.S.Kanti, Distt - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar @ S.K. For the Opposite Party/s : Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 13-11-2019 Heard both sides.
The petitioner apprehends his arrest in Kanti P.S. Case No.337 of 2019 registered under Sections 25(1-b)a, 26, 35 of the Arms Act and under sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act.
The police got secret information that Jitendra Kumar @ Golu Thakur was making a plan to commit crime keeping arms and ammunition and liquor in the house of Sant Ram. On such, a raid was conducted in the house of Sant Ram and Dharmendra Ram (petitioner). Two persons managed to flee away. One Sant Ram was apprehended and from his house, arms and ammunition were recovered. On search, from the house of the petitioner, 41.760 litres of Indian made foreign
Patna High Court CR. MISC. No.68509 of 2019(2) dt.13-11-2019 2/2
liquor was recovered.
Learned counsel for the petitioner submits that the petitioner was not even present on the place of occurrence. Only two persons are said to have fled away. One person Sant Ram is apprehended on the spot and from his house, arms and ammunition were recovered, but it appears that the house of the petitioner was also searched and from the house of the petitioner, Indian made foreign liquor weighing 41.760 litres was recovered.
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
1 issue framed by the court
Whether anticipatory bail be granted to the petitioner who apprehends arrest in Kanti P.S. Case No.337 of 2019 registered under Arms Act and Bihar Prohibition and Excise Act.
2 provisions across 2 enactments
Dharmendra Ram Son of Mangal Ram
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
