Petitioners sought anticipatory bail in a liquor trafficking case. The court observed the suspicious nature of the accusation and lack of recovery from the petitioners, granting bail with specific conditions.
Released on anticipatory bail within 12 weeks on furnishing a bond of Rs.10,000/- with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81748 of 2019
Arising Out of PS. Case No.-339 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.
District- Gopalganj
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... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Harendra Prasad For the Opposite Party/s : Mr.Meena Singh
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 11-12-2019 Heard learned counsels for the parties.
The petitioners are apprehending arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case is that the informant Ranjan Prasad being Excise Inspector got a secret information with regard to the trafficking of liquor whereafter a raid was laid in village Vaishahi. Ten persons escaped from the scene when
Patna High Court CR. MISC. No.81748 of 2019(2) dt.11-12-2019 2/3
from a truck, 8553.600 litres Indian Made Foreign Liquor were recovered.
It is submitted by learned counsel for the petitioners that only on the basis of suspicion the petitioners have been roped in the present case. The petitioners have no connection with the truck in question from which recovery has been made. Statement to that effect has been made in paragraph 9 of the petition. Further statement has been made in paragraph 3 of the petition that the petitioner no.2 is not having any criminal antecedent but petitioner no. 1 is accused in one other case of similar nature.
Learned APP submits that the petitioners are involved in trafficking of liquor.
Considering the suspicious nature of accusation and prima facie the recovery has not been made from the conscious physical possession of the petitioners, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge II, Gopalganj, in connection with Excise Case No. 339 of 2019 subject to the conditions
Patna High Court CR. MISC. No.81748 of 2019(2) dt.11-12-2019 3/3
laid down in Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J)
anil/-
U
3 issues framed by the court
Whether the petitioners should be released on anticipatory bail given the suspicious nature of the accusation and lack of physical recovery from them.
Whether sufficient grounds exist to fear arrest in a liquor trafficking case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
What conditions should be imposed for the grant of anticipatory bail in this case.
2 provisions across 2 enactments
Rajesh Yadav
Vijay Yadav
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
