The Patna High Court dismissed an anticipatory bail petition filed against four petitioners facing charges under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Held the petition was not maintainable given police recovery of motorcycles from their house.
Petition dismissed as not maintainable.
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.20122 of 2020
Arising Out of PS. Case No.-96 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Saharsa
======================================================
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Kumar Goutam, Adv. For the Opposite Party/s : M/s.Veena Rani Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
2 13-08-2020
Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State through video conferencing.
Petitioners apprehend their arrest in connection with Special Case No. 418 of 2019 arising out of Excise Case No. 96 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
The prosecution report goes to show that alleged recovery has been made from two motorcycles which had been parked in the house of the petitioners. Therefore, in my view,
Patna High Court CR. MISC. No.20122 of 2020(2) dt.13-08-2020 2/2
this anticipatory bail petition is not maintainable and accordingly, this anticipatory bail petition stands dismissed
being not maintainable.
(Hemant Kumar Srivastava, J)
shahzad/-
U T
2 issues framed by the court
Whether the anticipatory bail petition is maintainable when recovery was made from property in the petitioners' possession.
Whether the allegations establish a prima facie case warranting anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Karo Devi, Sunil Kumar Paswan, Anil Paswan, Baljit Paswan
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
