The court dismissed an application for anticipatory bail. Despite the petitioner's lack of recovery from his possession and bail in other cases, the court refused bail due to the huge recovery of liquor and the petitioner's criminal antecedents in similar cases.
No anticipatory bail granted.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.80484 of 2018
Arising Out of PS. Case No.-267 Year-2018 Thana- TARAIYA District- Saran
======================================================
Pintu Rai son of Binod Rai resident of vill. Pachbhinda P.S. Taraiyan, District Saran, Chapra
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ram Sandesh Roy For the Opposite Party/s : Mr.Sri Madan Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 07-02-2019 Heard the parties.
The petitioner is apprehending his arrest in connection with Taraiyar P.S.Case no.267 of 2018 dated 13.10.2018 registered for offences punishable under Sections 188, 272, 273, 34 of the Indian Penal Code and Sections 30/38/41 of the Bihar (Amendment) Prohibition and Excise Act, 2016.
Allegation against the petitioner about recovery of 6400 ltrs. of spirit from the truck standing near the cane field of the petitioner. He is named in the FIR and it further appears that he is accused in two other cases of similar nature.
Submission of the learned counsel for the petitioner is that he has been made accused only on the basis of suspicion and nothing has been recovered from his possession and so far other cases are concerned, he is on bail in those cases.
Patna High Court Cr.Misc. No.80484 of 2018(3) dt.07-02-2019 2/2
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, in view of huge recovery of the liquor as well as criminal antecedent, I am not inclined to grant privilege of anticipatory bail .
With the aforesaid observation, this application is
dismissed.
(Vinod Kumar Sinha, J)
chn/-
U
1 issue framed by the court
Whether anticipatory bail should be granted to a petitioner apprehending arrest for liquor-related offences given a huge recovery of liquor and criminal antecedents.
2 provisions across 2 enactments
Pintu Rai
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
