Disposed

Nagina Yadav v. The State of Bihar

Patna HC11 Dec 2019CR. MISC./81139/2019

Case brief

AI extract

What is this about?

Hon'ble Dinesh Kumar Singh, J. held that anticipatory bail is not maintainable under Section 76(2) of the Bihar Prohibition and Excise Act, 2016. The Court directed that bail must be sought before the lower court if the petitioner surrenders within six weeks.

What did the court decide?

Petitioner directed to surrender within six weeks and approach the lower Court for regular bail. Anticipatory bail refused.

Nagina Yadav Vs The State of Bihar — Constitutional and Fundamental Rights | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81139 of 2019

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Arising Out of PS. Case No.-304 Year-2019 Thana- RAJGIR District- Nalanda

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======================================================

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NAGINA YADAV S/o Late Dhaneshwar Yadav R/o village- Kalyani Nagar Tilhapar, P.S.- Rajgir, District- Nalanda

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Shankar Yadav @ Shankar Kumar Yadav S/o Nagina Yadav RR/o villageKalyani Nagar Tilhapar, P.S.- Rajgir, District- Nalanda

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar For the Opposite Party/s : Mr.Ram Bachan Singh ======================================================

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... ... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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2 11-12-2019 Heard learned counsels for the parties.

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The petitioner is apprehending arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case is that 2 litres of country made liquor was recovered from the house of the petitioner.

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It is submitted by learned counsel for the petitioner that the recovery has been made from the joint family house and the recovery cannot be treated from the conscious physical possession of the petitioner.

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Considering the nature of accusation and the recovery, this Court is not inclined to grant anticipatory bail as the same is not maintainable under Section 76(2) of the Act, however keeping in view the quantity of recovery, it is a case for

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Patna High Court CR. MISC. No.81139 of 2019(2) dt.11-12-2019 2/2

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consideration of the prayer for regular bail by the learned Court below in case the petitioner surrenders within a period of six weeks and prays for the same in connection with Rajgir P.S. Case No. 304 of 2019 pending in the Court of learned ADJ-3, Nalanda at Biharsharif.

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(Dinesh Kumar Singh, J)

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anil/-

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Nagina Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nagina Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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