Patna High Court rejected the prayer for anticipatory bail in a POSH/liquor prohibition case. The petitioner was directed to surrender within six weeks to seek regular bail.
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.79173 of 2018
Arising Out of PS. Case No.-162 Year-2018 Thana- PANAPUR District- Saran
======================================================
Om Prakash Sah, Son of Yogi Sah @ Rajendra Sah, Resident of Village - Bhoraha Basari, P.S. Panapur, District- Saran.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Singh For the Opposite Party/s : Mr.Sri Bisheshwar Ram ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 26-03-2019
The petitioner apprehends his arrest in connection with Panapur P.S.Case No. 162 of 2018 registered under Sections 30, 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.
Allegation as per FIR is that police, on receiving information that petitioner and other accused persons kept huge quantity of liquor at the Rampur Rudra Ghat, raided there but accused persons succeeded in fleeing away. Police recovered 600 litres of country made liquor and Chaukidar has disclosed the name of petitioner and other accused persons.
Submission of learned counsel for the petitioner is that he has no criminal antecedent and nothing has been recovered from his possession.
Heard learned APP also who has opposed the prayer of anticipatory bail stating that Chaukidar has named the petitioner.
Patna High Court CR. MISC. No.79173 of 2018(4) dt.26-03-2019 2/2
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to him rather he should surrender within a period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order, if possible, on the same day.
(Vinod Kumar Sinha, J)
sujit/-
U T
1 issue framed by the court
Whether anticipatory bail can be granted to the petitioner who apprehends arrest in liquor prohibition case.
Om Prakash Sah
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
