High Court of Patna rejected the main petitioner's application for anticipatory bail in a Bihar Prohibition & Excise Act case due to recovery of illicit liquor from his house, but granted it to the other family members who were not apprehended.
Anticipatory bail granted to petitioners except Loaknath Ray; Loaknath Ray's prayer rejected.
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.17656 of 2022
Arising Out of PS. Case No.-281 Year-2021 Thana- NADI P.S. District- Patna
======================================================
Parvati Devi S/O Loak Nath Ray Resident Of Village- Jehuli, P.S.- Nadi, DistPatna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 33396 of 2022
Arising Out of PS. Case No.-281 Year-2021 Thana- NADI P.S. District- Patna
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 34606 of 2022
Arising Out of PS. Case No.-281 Year-2021 Thana- NADI P.S. District- Patna
======================================================
Loaknath Ray @ Laknath Ray Son Of Samprit Ray R/O Village- Jethuli, P.S.Nadi, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In Criminal Miscellaneous No. 17656 Of 2022) For The Petitioner/S : Mr.Jay Ram Prasad For The Opposite Party/S : Mr.Pushpa Sinha (In Criminal Miscellaneous No. 33396 Of 2022) For The Petitioner/S : Mr.Jay Ram Prasad For The Opposite Party/S : Mr.Pushpa Sinha (In Criminal Miscellaneous No. 34606 Of 2022)
Patna High Court CR. MISC. No.17656 of 2022(3) dt.23-09-2022 2/4
For The Petitioner/S : Mr.Jay Ram Prasad For the Opposite Party/s : Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 23-09-2022
Heard learned counsel for the petitioners and
learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 30(a), 34, 36, 41, 44 of the Bihar Prohibition & Excise Act.
There is recovery of 66.375 litres of Indian made foreign liquor from house of co-accused Loknath Ray @ Loknath Ray. The other petitioners are family members of Loknath Rai.
It is submitted by learned counsel for the petitioners that petitioners are innocent and they have
falsely been implicated in the present case. The petitioners were not apprehended from the spot. Nothing has been recovered from the conscious possession of the
petitioners. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.
Patna High Court CR. MISC. No.17656 of 2022(3) dt.23-09-2022 3/4
Considering the fact that illicit liquor has been recovered from the house of Loknath Rai @ Laknath Rai
(Cr. Misc. No. 34606 of 2022), this Court is not inclined to grant privelege of anticipatory bail to the petitioner.
The prayer for grant of anticipatory bail to the petitioner Loaknath Ray @ Laknath Rai (Cr. Misc. No. 34606 of 2022) stands rejected.
So far as other petitioners are concerned, since
they are family members of petitioner Loaknath Ray @ Laknath Rai, whose application for grant of bail has been rejected, let the petitioners, above named, except petitioner Loaknath Ray @ Laknath Ray(Cr. Misc. No. 34606 of 2022) in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Nadi P.S. Case No. 281 of 2021, subject
Patna High Court CR. MISC. No.17656 of 2022(3) dt.23-09-2022 4/4
to the conditions as laid down under Section 438(2) of
the Cr.P.C.
(Sunil Kumar Panwar, J)
Shageer/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners in a prohibition case where illicit liquor was recovered from the household of the main petitioner.
Whether the trial court erred in rejecting the prayer.
2 provisions across 2 enactments
Parvati Devi
Manish Kumar
Rajnish Kumar
Loaknath Ray
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
