The Patna High Court refused anticipatory bail to the petitioner in a case involving the recovery of liquor. The court held that the quantity recovered was huge and directed the petitioner to surrender to authorities. The application was dismissed.
Application dismissed; petitioner directed to surrender and apply for 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.80051 of 2018
Arising Out of PS. Case No.-350 Year-2018 Thana- RAJGIR District- Nalanda
======================================================
Vishu Mandal, S/O Bharat Mandal, R/o Village Mahubani, P.S.- Govindpur, District- Dhanbad (Jharkhand)
... ... Petitioner
Versus
The State Of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Singh For the Opposite Party/s : Mr.Arbind Kumar Pandey ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 14-02-2019
Petitioner seeks bail in anticipation of his arrest in connection with Rajgir P.S. Case No. 350 of 2018 registered for the offences punishable under Sections 30(a)(d) of the Bihar Prohibition and Excise Act.
Allegation is of recovery of 513 litres of liquor from the Tata 407 vehicle of the petitioner.
Submission of learned counsel for the petitioner is that because of the fact that documents seized from the vehicle showing the name of the petitioner, he has been made accused in this case and he was not present there.
Heard learned APP also.
Having heard both sides and in view of recovery of huge quantity of liquor, I am not inclined to grant privilege of anticipatory bail to the petitioner, rather petitioner to surrender
Patna High Court Cr.Misc. No.80051 of 2018(3) dt.14-02-2019 2/2
and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order.
With the above observation, this application is
dismissed.
(Vinod Kumar Sinha, J)
spal/-
U T
2 issues framed by the court
Whether anticipatory bail can be granted to the petitioner in view of the recovery of liquor from his vehicle.
Whether the petitioner should be directed to surrender and apply for regular bail instead.
1 provisions across 1 enactments
VISHU MANDAL
THE STATE OF BIHAR
VINOD KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
