This oral order addresses a petition seeking anticipatory bail against arrest for manufacturing and selling country liquor. The court refused the prayer for anticipatory bail due to the nature of allegations but directed the petitioner to surrender for regular bail.
Prayer for anticipatory bail refused; petitioner directed to surrender for regular bail.
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.85615 of 2019
Arising Out of PS. Case No.-285 Year-2019 Thana- BISFI District- Madhubani
======================================================
ARJUN MUKHIYA, Son of Late Muneshwar Mukhiya, resident of villageSalempur, P.S. Bisfi, Dist- Madhubani.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ratanakar Jha, Advocate For the Opposite Party/s : Mr. Yogendra Kumar Singh, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
Heard learned counsel for the petitioner and learned
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
From the house of the petitioner one and half litre of country made liquor was recovered besides other utensils used for preparation of liquor.
Considering the nature of allegation and presumption against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail in connection with Bisfi P.S. Case No. 285 of 2019 pending in the Court of learned Additional Sessions Judge-IInd Cum Special Judge (Excise Act), Madhubani.
Hence, prayer for anticipatory bail is refused.
Patna High Court CR. MISC. No.85615 of 2019(2) dt.24-01-2020 2/2
Petitioner may surrender for regular bail.
(Birendra Kumar, J)
Niraj/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted in a case involving offences under Sections 272, 273 IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
2 provisions across 2 enactments
Arjun Mukhiya
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
