Petitioner sought anticipatory bail for 18 packets of Nepali wine case. Court rejected anticipatory bail due to lack of prima facie case and directed liberty to surrender and approach jurisdiction court for regular bail within two weeks.
Liberty granted to surrender and move for regular bail before jurisdiction court within two weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40563 of 2020
Arising out of PS. Case No.-63 Year-2020 Thana- RIGA District- Sitamarhi
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Rudal Mahto, aged about 77 years (Male), Son of Late Dahaur Mahto Resident of Ward No. 11, Village- Riga, Imali Bazar, P.S. Riga, DistrictSitamarhi- 843327.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Subodh Kumar, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER
2 25-10-2021
Heard learned counsel for the petitioner and the learned APP for the State.
In the instant petition, petitioner has sought for anticipatory bail under Section 438(2) of the Code of Criminal Procedure in connection with Riga P.S. Case No. 63 of 2020 pending before the Additional District & Sessions Judge-IIcum-Special Judge (Excise), Sitamarhi.
The prosecution case as per written report of the Officer In-charge of Riga Police Station is that on 05.03.2020 at about 10.20 P.M. he got secret information that huge quantity of illicit liquor was stored in the petitioner’s house and adjacent places. Thereafter, the police arrived to the petitioner house and adjacent house and recovered 600 pieces of Nepali wine of 300
Patna High Court CR. MISC. No.40563 of 2020(2) dt.25-10-2021 2/2
ml each and the petitioner is said to have fled away from his house in the darkness.
In view of these facts and circumstances, the petitioner has not made out a case to grant anticipatory bail. On perusal of the police papers on record, it is evident that total 18 litres of Nepali wine was recovered from the house of the petitioner and adjacent places. The prayer for anticipatory bail is rejected reserving liberty to the petitioner to surrender before the jurisdiction court and move for regular bail.
In the event of surrender and moving bail application/petition before the jurisdiction Court, the jurisdictional Court is hereby directed to consider bail application within a period of two weeks from the date of receipt of such regular bail petition/application.
Accordingly, the petition stands disposed off.
Vikash/-
U T
2 issues framed by the court
Whether anticipatory bail is maintainable when the facts indicate recovery of illicit liquor and the petitioner has fled.
Whether the prayer for anticipatory bail should be rejected reserving liberty to move for regular bail.
1 provisions across 1 enactments
Rudal Mahto
P. B. Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
