In an anticipatory bail application, the Patna High Court granted bail to the petitioner apprehending arrest in an excise case involving recovery of liquor, directing surrender within four weeks.
Petitioner directed to surrender within four weeks and enlargeable on bail upon furnishing bond of Rs. 10,000 with two sureties.
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.26101 of 2022
Arising Out of PS. Case No.-57 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan
======================================================
KEDAR MANJHI S/o Late Mishri Manjhi R/o village- Ukhai Purab Patti, P.S.- Sarai, O.P., District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Raghav Prasad For the Opposite Party/s : Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 16-09-2022
Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Excise P.S. Case no. 57 of 2022 instituted for the offence under Section 30(a) and 30(c) of the Bihar Prohibition of Excise Act.
Prosecution case relates to recovery of 50 litres of country made liquor and 2000 litres of semi manufactured fermented jawa from chanwar.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no
Patna High Court CR. MISC. No.26101 of 2022(2) dt.16-09-2022 2/2
concern with the alleged recovery or with the place of occurrence. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Excise P.S. Case no. 57 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Court no.-2, Siwan subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J)
sushm/-
U
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with an excise case alleging recovery of liquor.
1 provisions across 1 enactments
Kedar Manjhi
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
