This is an oral order in a criminal miscellaneous application for anticipatory bail. The single judge refused to grant anticipatory bail, directing the petitioners to surrender and seek regular bail. The order is disposed of as prayed.
Application for anticipatory bail dismissed; petitioners directed to surrender and 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.79476 of 2018
Arising Out of PS. Case No.-488 Year-2018 Thana- BRAHMPUR District- Buxar *
======================================================
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajeev Ranjan For the Opposite Party/s : Mr.Sri Ram Sevak Choudhary ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 05-03-2019 This application, for grant of anticipatory bail, arises out of Brahmpur P.S. Case No. 488 of 2018, disclosing offences under Sections 30(a)/47 of the Bihar Prohibition of Excise (Amendment) Act, 2018.
Allegation is of recovery of 41 litres of liquor from the co-accused, who named the petitioner supplier. Apart from that petitioners are accused in one more case of similar nature.
Submission of learned counsel for the petitioners is that nothing has been recovered either from the possession of the petitioner or from their instance rather the F.I.R itself shows that they have been made accused only on the basis of disclosure made by the co-accused and except that there is
Patna High Court CR. MISC. No.79476 of 2018(3) dt.05-03-2019 2/2
nothing against the petitioners.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances as well as the fact that petitioners are accused in one more case of similar nature, I am not inclined to grant the privilege of anticipatory bail to the petitioners rather petitioners should surrender before the court below and make prayer for regular bail and if any such application is filed, the court shall consider the same and shall pass an appropriate order, if possible on same day, without being prejudiced by this order.
This application is accordingly disposed of.
(Vinod Kumar Sinha, J)
sunilkumar/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners accused of offences under the Bihar Prohibition of Excise (Amendment) Act, 2018.
Munna Prasad Son of Late Bansari Prasad and Pankaj Kumar Gupta
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
