The Patna High Court rejected the petitioner’s application for anticipatory bail in a PS case involving illicit liquor recovery from his rented house, relying on a Full Bench judgment to uphold the rejection of the plea.
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.28888 of 2020
Arising Out of PS. Case No.-64 Year-2020 Thana- PARSA District- Saran
======================================================
Sikandar Rai , aged about 25 years, son of Nand Kishore Rai @ Bhera Rai, sex- male, resident of Village- Pojhi, P.S.- Derni, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Ashok Kumar Singh No. 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 11-12-2020 Heard Mr. Sanjay Kumar, learned counsel for the petitioner and Mr. Ashok Kumar Singh No. 1, learned counsel for the State through video conferencing.
Petitioner apprehends arrest in connection with Parsa P.S. Case No. 64 of 2020 registered for the offence under Section 414 / 34 of the IPC and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
The allegation against the petitioner is that the Police recovered a total quantity of 160.50 liters of illicit foreign liquor from the rented house of this petitioner.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as no illicit liquor has been recovered from his conscious possession or the premises belonging to him. Learned counsel
Patna High Court CR. MISC. No.28888 of 2020(2) dt.11-12-2020 2/2
further submits that there is no material to show that the house in question from where illicit liquor has been recovered was let out in favour of the petitioner.
Having heard learned counsel for the parties and taking into consideration the materials available on record and the seizure list from where it appears that illicit liquor has been recovered from the rented house of the petitioner, in view of the Full Bench judgment of this court passed in Cr. Appeal (SJ) No. 431 of 2019 Ram Vinay Yadav vs. The State of Bihar, I am not inclined to exercise my discretion to grant anticipatory bail to the petitioner.
Accordingly, the same is rejected.
(Anil Kumar Sinha, J)
praful/-
U T
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest for offence relating to illicit liquor.
Whether the recovery from a rented house establishes conscious possession warranting rejection of anticipatory bail.
Whether the Full Bench judgment relied upon precludes the exercise of discretion to grant anticipatory bail.
Colour shows how this judgement treated each authority
Ram Vinay Yadav vs. The State of BiharFollowed¶17
Cr. Appeal (SJ) No. 431 of 2019 Ram Vinay Yadav vs. The State of Bihar
Sikandar Rai
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
