The Patna High Court granted anticipatory bail to the petitioner in a prohibition offense case where illicit liquor was recovered from an open cow-shed accessible to the public, noting the lack of conscious possession.
Anticipatory bail granted on furnishing a bail bond of Rs. 10,000/ with two sureties subject to social distancing guidelines.
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.28952 of 2020
Arising Out of PS. Case No.-126 Year-2020 Thana- MAHUA District- Vaishali
======================================================
HARIWANSH RAI Son of Daroga Rai Resident of Village- Mahua Singh Rai, P.S.- Mahua, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar For the Opposite Party/s : Mr. Madan Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 11-12-2020
Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State, through Video Conferencing.
This application, for grant of anticipatory bail, arises out of Mahua Police Station Case No. 126 of 2020, disclosing offences under Sections 30 (a)/32(ii)/ 34(ii)/38(ii)/41(i) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as ‘the Act’).
The prosecution case, as per the First Information Report, is that the police recovered a total quantity of 26.640 litres of illicit liquor from the cow-shed of the petitioner.
Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has been implicated in this case with oblique motive. He
Patna High Court CR. MISC. No.28952 of 2020(2) dt.11-12-2020 2/3
further submits that the cow-shed, from where illicit liquor has allegedly been recovered, is situated outside the house of the petitioner and is an open space, accessible to all and sundry. He further submits that the petitioner has got no criminal antecedent and no illicit liquor has been recovered from the conscious possession of the petitioner.
After having heard learned Counsel for the parties concerned and taking into consideration the fact that the illicit liquor has been recovered from the cow-shed which is an open space and is accessible to all and sundry, I am inclined to grant the petitioner privilege of anticipatory bail.
This application is, accordingly, allowed.
Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Vaishali, at Hajipur, in connection with Mahua Police Station Case No. 126 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
It is made clear that at the time of furnishing bail
Patna High Court CR. MISC. No.28952 of 2020(2) dt.11-12-2020 3/3
bonds, all the parties shall follow the guidelines regarding social
distancing.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
1 issue framed by the court
Whether to grant anticipatory bail where liquor was recovered from an open cow-shed not exclusively under the petitioner's possession.
2 provisions across 2 enactments
Hariwansh 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
