The Patna High Court rejected the petitioner's application for anticipatory bail in a case concerning the possession of illicit liquor and oxytocin injections recovered from his hut, noting the recovery as a circumstance against bail.
Prayer for anticipatory bail was 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.18132 of 2022
Arising Out of PS. Case No.-560 Year-2021 Thana- HILSA District- Nalanda
======================================================
Tuntun Bind Son Of Raj Kishor Prasad Bind @ Nand Kishor Bind Resident Of Village- Malbigha, Police Station- Hilsa, District- Nalanda.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar Singh For the Opposite Party/s : Mr.Yogendra Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Heard learned counsel for the petitioner and learned
APP for the State.
Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 10 liters of country made liquor and four packet oxytocin injection is said to have recovered from the hut of the petitioner. He submits that the
Patna High Court CR. MISC. No.18132 of 2022(2) dt.05-08-2022 2/2
petitioner was not present at the time of occurrence. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
Considering the fact that the illicit liquor has been recovered from hut of the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Hilsa P.S. Case No. 560 of 2021.
(Anjani Kumar Sharan, J)
devendra/- U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case concerning illicit liquor possession.
Whether recovery of country made liquor from the petitioner's hut warrants rejection of bail.
1 provisions across 1 enactments
Tuntun Bind Son Of Raj Kishor Prasad Bind
The State Of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
