The High Court held the anticipatory bail application inadmissible as liquor was seized from co-accused. It directed removal of defects pointed out by the Stamp Reporter and advised filing for regular bail.
Anticipatory bail application dismissed as non-maintainable; defects to be removed within one month.
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.2309 of 2022
Arising Out of PS. Case No.-14 Year-2021 Thana- DUMRA District- Sitamarhi
======================================================
PANKAJ SINGH @ PANKAJ MADHUKAR @ MADHUKAR S/O KAMESHWAR SINGH R/o village- Masumnagar Urf Premnagar, P.S.Runnisaidpur, District- Sitamarhi
... ... Petitioner
Versus
THE STATE OF BIHAR
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kumar Singh For the Opposite Party/s : Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 04-08-2022
Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner as well as the learned APP for the State.
The petitioner apprehends his arrest in connection with Dumra P.S. Case No. 14 of 2021, registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30 (A) of the Bihar Prohibition and Excise Amendment Act, 2016.
Learned counsel for the petitioner has submitted that nothing was recovered from the possession of the petitioner rather the co-accused persons from whose possession the liquor was recovered named the present petitioner.
Be that as it may, section 76 (2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the
Patna High Court CR. MISC. No.2309 of 2022(2) dt.04-08-2022 2/2
application under Section 438 of the Cr.P.C., as such, this anticipatory bail application is not maintainable.
If the petitioner surrenders before the court below and makes a prayer for regular bail, that shall be disposed of on the same day of its filing, without being prejudiced by this order. The learned court below may take notice of the fact that the petitioner is a person of clean antecedent and his name has figured only in the confessional statement of co-accused.
With these observations, the criminal miscellaneous petition is disposed of.
Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
SONALI/- U T
1 issue framed by the court
Maintainability of anticipatory bail application under Section 438 CrPC where liquor was recovered from possession of co-accused who named petitioner.
4 provisions across 4 enactments
PANKAJ SINGH
THE STATE OF BIHAR
NAWNEET KUMAR PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
