The Patna High Court granted anticipatory bail to the petitioner in PS Case No. 193 of 2021 under the Bihar Prohibition and Excise Act, 2018, noting no recovery of liquor from his conscious possession.
Petitioner enlarged on bail by furnishing bond of Rs. 10,000 with two sureties of like amount each.
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.13771 of 2022
Arising Out of PS. Case No.-193 Year-2021 Thana- CHHATAUNI District- East Champaran
======================================================
Raja Prasad Gupta @ Rakesh Kumar S/o Vinay Prasad Gupta @ Vinay Prasad Resident of Dr. Ziyauddin Lane, Ward No. 18, Chhatauni, P.S.- Chhatauni, District- East Champaran (Motihari)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Kumar No.1 For the Opposite Party/s : Mrs.Meena Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 15-07-2022
Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing.
The petitioner apprehends his arrest in Chhatauni P.S. Case No. 193 of 2021, registered for the offence punishable under Section 30(a)/41 of the Bihar Prohibition and Excise Act, 2018.
27 litres of foreign liquor has been recovered from a tempo from which it is alleged that this petitioner fled away.
It is submitted that nothing has been recovered from conscious possession of this petitioner. Petitioner is neither driver nor owner of vehicle in question. Petitioner has got no concern with the seized liquor and he claims clean antecedent.
Considering the facts aforesaid, the petitioner above-
Patna High Court CR. MISC. No.13771 of 2022(2) dt.15-07-2022 2/2
named in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, East Champaran in connection with Chhatauni P.S. Case No. 193 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
vinita/-
U T
2 issues framed by the court
Whether the petitioner apprehending arrest under Bihar Prohibition and Excise Act, 2018 is entitled to anticipatory bail given no recovery from his conscious possession.
Whether the petitioner being neither driver nor owner of the vehicle contains seizure of foreign liquor exempts him from arrest liability.
3 provisions across 2 enactments
Raja Prasad Gupta @ Rakesh Kumar
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
