Petitioners sought anticipatory bail in an Ahiyapur P.S. case for liquor-related offences. The court rejected the bail prayer due to the large quantity of liquor recovered.
Prayer for anticipatory bail rejected; petitioners directed to surrender within four weeks for regular bail consideration by the court below.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87254 of 2019
Arising Out of PS. Case No.-1245 Year-2019 Thana- AHIYAPUR District- Muzaffarpur
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Arun Kumar, Advocate For the Opposite Party/s : Mrs.Asha Devi, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
2 24-02-2020
counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Ahiyapur P.S. Case No.1245 of 2019, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Sections 30 (a), 36, 38 of the Bihar Prohibition and Excise Act.
The police has recovered altogether 163 liters of liquor from the hut, however counsel for the petitioners submits that there is no recovery from the possession of the petitioners and they have got no criminal antecedents.
Looking to the quantity of liquor recovered, this
Patna High Court CR. MISC. No.87254 of 2019(2) dt.24-02-2020 2/2
Court is not inclined to grant bail to the petitioners.
Accordingly, their prayer for bail is rejected.
However, if the petitioners surrender before the Court
below within four weeks from today and pray for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court.
(Shivaji Pandey, J)
V.K.Pandey/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted in an offence under Sections 272, 273 IPC and Bihar Prohibition and Excise Act considering the large quantity of liquor recovered.
2 provisions across 2 enactments
Kishan Bhagat
Ajay Bhagat
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
