The Patna High Court dismissed an anticipatory bail petition filed by the petitioner in connection with an excise complaint. The court held the petition not maintainable given the recovery of liquor and admission by the mother that the petitioner sold it.
The anticipatory bail petition was 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.20209 of 2020
Arising Out of PS. Case No.-167 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai
======================================================
Chhotu Jha @ Piyush Kumar S/o Bipin Jha Resident of Village- Bari Eghu, Mohan Eghu, P.S.- Muffasil, Distt- Begusarai.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
| =================== Appearance : For the Petitioner/s : For the Opposite Party/s : =================== |
=================================== Mr.Sandip Kumar Gautam Mr.Upendra Kumar =================================== |
|---|---|
| CORAM: HONOURABL SRIVASTAVA |
E MR. JUSTICE HEMANT KUMAR |
ORAL ORDER
2 19-08-2020
Defect, as pointed out by the office, be ignored.
Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State through video conferencing.
Petitioner apprehends his arrest in connection with Excise Complaint Case No. 167C-2 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
Taking note of this fact that in huge quantity country made liquor was recovered from gumti of the petitioner and mother of petitioner accepted that petitioner used to sell the recovered liquor, in my view, this anticipatory bail petition is not maintainable. Accordingly, this anticipatory bail petition
Patna High Court CR. MISC. No.20209 of 2020(2) dt.19-08-2020 2/2
stands dismissed being not maintainable.
(Hemant Kumar Srivastava, J)
shahzad/-
U T
1 issue framed by the court
Whether the anticipatory bail petition is maintainable when liquor was recovered from the petitioner and his mother admitted that he sold it.
1 provisions across 1 enactments
Chhotu Jha @ Piyush Kumar
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
