The Patna High Court dismissed a bail petition filed by Akhilesh Kumar concerning the Bihar Prohibition and Excise Act. The court held that the petition was not maintainable given the allegation of illicit liquor recovery from his possession.
Anticipatory bail petition is dismissed.
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.33174 of 2021
Arising Out of PS. Case No.-150 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali
======================================================
AKHILESH KUMAR S/o Ramishwar Ray R/o village- Mahua Sinsh Rai, Ward Nod. 1, P.S.- Mahua, District- Vaishali
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Lalit Narayan Jha, Adav For the Opposite Party/s : Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
3 02-11-2021 Heard learned counsel for the parties.
Petitioner apprehends his arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
Informant is Excise Official who has alleged in his written report that on 25.10.2020, he received secret information that in the house of Akhilesh Kr (petitioner) illicit liquor has been stored and on receiving said information he reached the place of occurrence and from the back of the house of petitioner 375.480 litre of country made foreign liquor was recovered concealed in a ditch covered with shrubs and straws.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case.
Patna High Court CR. MISC. No.33174 of 2021(3) dt.02-11-2021 2/2
Petitioner has got no criminal antecedent.
Since, there is allegation of recovery of illicit liquor
from the possession of petitioner, anticipatory bail petition is dismissed as not maintainable.
(S. Kumar, J)
ranjan/-
U
1 issue framed by the court
Whether an anticipatory bail petition is maintainable when the petitioner apprehends arrest under the Bihar Prohibition and Excise Act, 2018.
Akhilesh Kumar
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
