This order grants anticipatory bail to the petitioner in an excise case involving illicit liquor trade. The petitioner denied involvement in the seized liquor, and the court directed his release upon arrest or surrender.
Petitioner directed to be released on bail on furnishing bonds of Rs. 10,000/- with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27925 of 2021
Arising Out of PS. Case No.-179 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur
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PAWAN KUMAR @ PAWAN RAY Son of Late Jogi Ray Resident of Village - Fatehpur Bakhari, P.S.- Ahiyapur, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
2 18-05-2022
For the reason of this case not having been taken up even once for a year, a priority hearing has been given in this matter.
Heard Mr. Manoj Kumar, learned Advocate for the petitioner and the learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Excise Case No. 179 of 2020 P.R. No. 01/2020 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
It appears from the prosecution report that 542.22 litres of liquor was recovered from a dilapidated house, said to belong to one Raj Kumar Rai. With respect to the petitioner, it has been alleged that he and one Arjun Rai also deal in illicit trade of liquor.
Patna High Court CR. MISC. No.27925 of 2021(2) dt.18-05-2022 2/2
Learned counsel for the petitioner has submitted that he is sought to be prosecuted in this case on the basis of stray information provided to the police party which had gone to conduct raid in which 542.22 litres of liquor has been recovered from the house of one of the co-accused persons. The house does not belong to the petitioner and he denies to have any link with the liquor which has been so seized.
The petitioner does not have criminal antecedents.
On these grounds, it has been urged on behalf of the petitioner that no offence under the Excise Act can at all be said to have been made out against him.
For the reasons aforestated, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur in connection with Excise Case No. 179 of 2020 P.R. No. 01/2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J)
krishna/-
1 issue framed by the court
Whether the petitioner qualifies for anticipatory bail in connection with offences under Section 30(a) of the Bihar Prohibition and Excise Act.
2 provisions across 2 enactments
Pawan Kumar @ Pawan Ray
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
