The Patna High Court granted anticipatory bail to the petitioner in an excise case involving unlawful manufacture of liquor, ordering release if arrested within twelve weeks upon furnishing a bond.
Petitioner released on bail if arrested or surrenders within twelve weeks, to furnish bond of Rs.10,000/- with two sureties of same amount.
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.82674 of 2019
Arising Out of PS. Case No.-198 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Saran
======================================================
Upendra Rai Son of Late Bishwanath Rai, Resident of Village - Jilkabad, P.S.Garkha, Distt - Saran at Chapra.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kumar For the Opposite Party/s : Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
3 18-02-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
As per the prosecution case, the allegation of recovery of about 16.53 liters of Indian Made Foreign liquor was made, which was kept behind the house of the petitioner in the open land.
It is submitted by learned counsel for the petitioner that 16.53 liters of Indian Made Foreign liquor has been made from behind the house of the petitioner in the open land, rather same was not recovered from the conscious possession of the
Patna High Court CR. MISC. No.82674 of 2019(3) dt.18-02-2020 2/2
petitioner. It is submitted that neither liquor nor the said land, from where liquor was recovered, belongs to the petitioner. The petitioner has no criminal antecedent.
Learned Addl. Public Prosecutor has opposed the prayer for anticipatory bail and submits that liquor was recovered from behind the house of the petitioner.
Considering the nature of accusation as well as the fact that the land, from where liquor was recovered, does not belong to the petitioner coupled with the statement made in para-3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, in the event of his arrest or surrender before the court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Saran at Chapra in connection with Excise Case no.198 of 2019, subject to conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J)
nawalkrs/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail apprehending arrest in an excise case.
2 provisions across 2 enactments
Upendra Rai
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
