Criminal Miscellaneous petition under the Bihar Prohibition and Excise Act titled Raj Kumar Sah vs. The State of Bihar, arising out of PS. Case no. 899/2018.
The anticipatory bail application was dismissed as non-maintainable. Direction to surrender within four weeks for consideration of 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.80180 of 2018
Arising Out of PS. Case No.-899 Year-2018 Thana- KATIHAR District- Katihar
======================================================
Raj Kumar Sah @ Raju Kumar Sah Son of Gopal Sah, Resident of VillageHariganj, P.S.- nagar, District- Katihar.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Harish Chandra Patel For the Opposite Party/s : Mr. Sharda Kumari ======================================================
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
2 16-01-2019
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Katihar Town Police Station Case No. 899 of 2018, disclosing offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as ‘the Act’).
There being bar under Section 76 (2) of the Act, this anticipatory bail application cannot be maintained and is, accordingly, dismissed.
In view of the nature of allegation that the co-accused was found in possession of 03 bottles of 750 ml. of foreign made liquor, it is directed that if the petitioner, Raj Kumar Sah @ Raju Kumar Sah, surrenders before the Court below within
Patna High Court Cr.Misc. No.80180 of 2018(2) dt.16-01-2019 2/2
four weeks from today and applies for regular bail, his application shall be considered and decided on the same day, keeping in mind the small quantity of liquor seized.
(Chakradhari Sharan Singh, J.)
ragini/- U √ T √
1 issue framed by the court
Whether the anticipatory bail application under the Bihar Prohibition and Excise Act is maintainable in view of Section 76(2) of the Act.
2 provisions across 1 enactments
Raj Kumar Sah @ Raju Kumar Sah
The State Of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
