The Patna High Court disposed of an application for anticipatory bail. It denied the prayer due to the petitioner's criminal antecedents but directed that regular bail be considered if the petitioner surrenders within six weeks.
Application dismissed; regular bail to be considered if petitioner surrenders within six weeks.
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.78373 of 2019
Arising Out of PS. Case No.-120 Year-2019 Thana- DUMARIAGHAT District- East Champaran
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Krishna Kant Singh For the Opposite Party/s : Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
that petitioner no. 1, Lalsahab Pathak @ Lalsahab Kumar Pathak has been arrested and hence, his application has become infructuous and accordingly, it is disposed of.
Petitioner no. 2 is apprehending his arrest in a case registered for the offences punishable under Sections 414, 272, 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.
It is alleged that adjacent to the cattle shed of petitioner no. 2, 33 bottles of Indian Made Foreign Liquor 180 ml each, total 5.940 litres were recovered.
It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.78373 of 2019(3) dt.13-02-2020 2/2
that the recovery cannot be treated from the conscious physical possession of petitioner no. 2 and there is no independent witness. It is further submitted that petitioner no. 2 is accused in four others case but he is on bail in earlier excise cases.
Learned APP submits that the petitioner no. 2 has criminal antecedent.
Considering the nature of accusation and petitioner no. 2 has criminal antecedent, this Court is not inclined to consider the prayer for anticipatory bail of petitioner no. 2 but since the recovery has not been made from the conscious physical possession of the petitioner no. 2, it is a case for consideration of regular bail by the learned Court below, if the petitioner no. 2 surrenders before the learned Court below within a period of six weeks from today in connection with Dumariya Ghat P.S. Case No. 120 of 2019, pending in the Court of learned 9th Additional Sessions Judge -cum- Special Judge, Excise, East Champaran, Motihari.
Accordingly, this application is disposed of.
(Dinesh Kumar Singh, J)
DKS/-
U T
2 issues framed by the court
Whether anticipatory bail can be granted to a petitioner with criminal antecedents accused of liquor offences.
Whether the recovery of liquor from adjacent premises instead of conscious physical possession warrants regular bail consideration.
2 provisions across 2 enactments
Lalsahab Pathak
Roopam Pathak
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
