Single-judge order granting anticipatory bail to petitioner apprehending arrest for liquor offences (IPC 272/273 and Bihar Prohibition Act 30(a)/36) noting no prima facie case under Section 30(a) and co-accused bail status.
Anticipatory bail granted; if arrested, release on bail subject to Section 438(2) CrPC conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15211 of 2021
Arising Out of PS. Case No.-358 Year-2020 Thana- AHIYAPUR District- Muzaffarpur
====================================================== RAVI PRASAD GUPTA @ RAVI KUMAR GUPTA S/O LATE RAJENDRA SAH R/O CHANDWARA SODA GODAM CHOWK, P.S TOWN, DISTRICT MUZAFFARPUR, AT PRESENT R/O VILLAGE-CHHIT BHAGWATIPUR, WARD NO.13, P.S-AHIYAPUR, DISTRICTMUZAFFARPUR.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ravi Nandan, Adv. For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
3 10-01-2022 Heard the parties through video conferencing.
The petitioner apprehends his arrest in connection with Ahiyapur P.S. Case No. 358 of 2020 registered for the offence under Sections 272, 273 of the Indian Penal Code and Section 30 (a), 36 of the Bihar Prohibition and Excise Act, 2016-18.
Learned counsel for the petitioner submits that similarly situated co-accused have been granted bail and the petitioner is of same footing .
Taking into consideration the aforesaid aspects, considering that the allegation of recovery of liquor is from scooty and not from the petitioner and prima facie no case under
Patna High Court CR. MISC. No.15211 of 2021(3) dt.10-01-2022 2/2
Section 30 (a) is made out against the petitioner, I am inclined to grant benefit of anticipatory bail to the above named 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 to grant anticipatory bail to the petitioner apprehending arrest under Section 272, 273 IPC and Sections 30(a), 36 Bihar Prohibition and Excise Act.
1 provisions across 1 enactments
Ravi Prasad Gupta @ Ravi Kumar Gupta
The State of Bihar
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
