The High Court at Patna allowed anticipatory bail to petitioners facing charges under Bihar Prohibition & Excise Act for recovery of illicit liquor and motorcycles. Bail was granted on furnishing bonds with sureties.
Anticipatory bail granted upon furnishing bail bonds of Rs. 10,000 each with two sureties of the like amount within four weeks.
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.19989 of 2022
Arising Out of PS. Case No.-327 Year-2021 Thana- JALALPUR District- Saran
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Kapil Deo Singh For the Opposite Party/s : Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 26-08-2022 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
Section 30(a) of the Bihar Prohibition & Excise Act.
There is recovery of 78.180 litres of illicit liquor
and two motorcycles. The petitioners are alleged to have fled away from the place of seizure.
It is submitted by learned counsel for the
petitioners that petitioners were not apprehended from the spot. Nothing has been recovered from the conscious
Patna High Court CR. MISC. No.19989 of 2022(2) dt.26-08-2022 2/2
possession of the petitioners. The wives of the petitioners have already been arrested. A statement has
been made in para 3 of the petition that petitioners have no criminal antecedent.
In the facts and circumstance of the case, let the petitioners, above named, 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 2nd Exclusive Special Excise Court, Saran at Chapra in connection with Jalalpur P.S. Case
No. 327 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J)
Shageer/-
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail given the recovery of illicit liquor and the allegation that they fled the spot.
2 provisions across 2 enactments
Dayanand Verma
Kamal Dev Verma
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
