This order grants anticipatory bail to the petitioners in a case registered under the Bihar Prohibition and Excise Act. The court allowed the prayer subject to furnishing bail bonds and appearing in the designated police station.
Prayer for anticipatory bail allowed; released upon arrest/surrender on furnishing bail bond of Rs. 10,000 with two sureties.
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.76059 of 2019
Arising Out of PS. Case No.-172 Year-2019 Thana- AIRPORT District- Patna
======================================================
... ... Petitioners
Versus
The State of Bihar Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Jain For the Opposite Party/s : Mr.Ram Bachan Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 02-12-2019
. Heard learned Counsel for the petitioners and the learned APP for the State.
Petitioners apprehend arrest in Hawai Adda PS Case No. 172 of 2019 (Special Case No. 5873 of 2019) registered under Sections 30(a) of Bihar Prohibition and Excise Act 2016.
It is submitted that recovery is from the tenants of the petitioners’ house. The tenants being co-accused have falsely implicated the petitioners as the petitioners have no concern with their belongings. On account of no recovery being made from the petitioners offences under the Excise and Prohibition Act are not made out against them. Petitioners are also having no criminal antecedent.
Learned APP for the State opposes the prayer.
Considering the aforesaid submissions as also the facts and circumstances of the case, this Court for the limited
Patna High Court CR. MISC. No.76059 of 2019(2) dt.02-12-2019 2/2
purpose of anticipatory bail is inclined to accept the submission on behalf of the petitioners. The prayer for anticipatory bail of the petitioners is allowed.
In the event of arrest or surrender before the court below within four weeks from today, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna in Hawai Adda PS Case No. 172 of 2019 (Special Case No. 5873 of 2019) subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code.
(Madhuresh Prasad, J)
SNkumar/-
U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in the pending proceedings under the Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
PHULJHARI DEVI W/o Arun Kahar
Arun Kahar
The State of Bihar
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
