This order dismissed the anticipatory bail petition as not maintainable due to recovery of illicit liquor from the petitioner’s premises. The court observed it would consider regular bail if the petitioner surrenders.
Anticipatory bail dismissed. Observation that regular bail will be considered if petitioner surrenders.
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.31259 of 2020
Arising Out of PS. Case No.-247 Year-2020 Thana- PARSA District- Saran
======================================================
JITAN RAI S/o Late Kalika Rai R/o Baligaw, P.S.- Parsa, District- Saran at Chapra.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Jeetendra Narayan,Adv For the Opposite Party/s : Mr. Ram Naresh Ray, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
2 09-04-2021 Heard learned counsel for the parties.
Petitioner apprehends his arrest in Parsa P.S. Case
No. 247 of 2020 registered for the offence punishable under Section 30/30(a), of the Bihar Prohibition and Excise Act, 2016 (Amended) 2018.
Allegation is of recovery of 180 litre of illicit liquor from the Dalan of the petitioner.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner has got no criminal antecedent.
Since, there is allegation of recovery of illicit liquor from the house of petitioner, anticipatory bail petition is dismissed as not maintainable .
However, it is observed that if petitioner surrenders
Patna High Court CR. MISC. No.31259 of 2020(2) dt.09-04-2021 2/2
before the court below and prays for regular bail, his application for regular bail will be considered and disposed of preferably on
the same day, without being prejudiced by this order.
(S. Kumar, J)
ranjan/-
U
2 issues framed by the court
Whether the anticipatory bail petition is maintainable given the allegation of recovery of illicit liquor from the petitioner’s premises.
What course of action would be taken if the petitioner surrenders before the court below.
Jitan Rai
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
