The High Court of Patna granted anticipatory bail to the petitioner in an excise case, citing lack of criminal antecedents and a prima facie failure to make out the case, relying on a Full Bench decision.
Anticipatory bail granted; petitioner to be released on bail if arrested, subject to conditions under Section 438(2) Cr.P.C.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13502 of 2021
Arising Out of PS. Case No.-204 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur
====================================================== KAMESHWAR MAHTO SON OF LATE ANUPLAL MAHTO R/O VILLAGE GUDARGHAT WARD NO. 8, P.S KHANPUR, DISTRICTSAMASTIPUR
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar, Adv. For the State : Mr. Ataul Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
4 10-01-2022
Heard the parties through video conferencing.
The petitioner apprehends his arrest in connection with Excise P.S. Case No. 204 of 2020 registered for the offence under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016.
Taking into consideration that there is no criminal antecedent, nature of recovery of liquor and the fact that prima facie case under the Excise Act, is not made out against the petitioner and in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav Vs. The State of Bihar reported in 2019 (2) P.L.J.R. 1089 (F.B.), I am inclined to grant benefit of anticipatory bail to the above named
Patna High Court CR. MISC. No.13502 of 2021(4) dt.10-01-2022 2/2
petitioner and in the event of arrest he shall be released on bail, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Sanjeev Prakash Sharma, J)
pravinkumar/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in connection with an offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
Colour shows how this judgement treated each authority
Ram Vinay Yadav Vs. The State of BiharFollowed¶13
Ram Vinay Yadav Vs. The State of Bihar reported in 2019 (2) P.L.J.R. 1089 (F.B.)
2 provisions across 2 enactments
Kameshwar Mahto
The State of Bihar
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
