In a criminal miscellaneous petition for anticipatory bail, the Patna High Court considered a case where foreign liquor was recovered from the petitioner's house backyard. The single-judge bench refused the prayer for anticipatory bail.
Prayer for anticipatory bail is refused.
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.2191 of 2022
Arising Out of PS. Case No.-434 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur
======================================================
MANJAY KUMAR RAY @ AVINASH @ AVINASH KUMAR Son of Shivji Ray Resident of Village - Rahimpur Rudauli, Sahani Baitha Tola Ward no.1, P.s.- Mufassil, Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ayush Kumar For the Opposite Party/s : Mrs. Sangeeta Sharma ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 01-07-2022
Heard learned counsel for the petitioner and the State.
Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.
As per the prosecution case, 73.425 liters of foreign liquor has been recovered from the backyard of house of this petitioner,which was hidden below the stairs.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery rather recovery has been made from backyard the house under the stairs which is an
Patna High Court CR. MISC. No.2191 of 2022(2) dt.01-07-2022 2/2
open place accessible to all. Petitioner has got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that recovery has been made from backyard of the house under the stairs, which is part of the house of this petitioner.
Consider the fact that recovery has been made from the house of this petitioner, his prayer for anticipatory bail is refused.
(Prabhat Kumar Singh, J)
BKS/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in a case involving recovery of foreign liquor from his house backyard.
Whether the recovery of foreign liquor from the petitioner's house backyard justifies refusal of anticipatory bail.
Manjay Kumar Ray @ Avinash @ Avinash Kumar
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
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