The Patna High Court granted anticipatory bail to Anil Kumar in a case under the Bihar Prohibition and Excise Act, 2018. The court ordered bail subject to conditions, including cooperation with the trial and verification of antecedents.
Anticipatory bail granted subject to furnishing bail bond and compliance with specific conditions.
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.28185 of 2022
Arising Out of PS. Case No.-147 Year-2021 Thana- MEHANDIA District- Jehanabad
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Anil kumar son of Bijender Saw resident of village - Mehandia Bigha, P.S.Daudnagar, Distt.- Aurangabad.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
3 07-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within a period of four weeks from today.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.
Recovery is of 5 liter of country made wine.
Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case only on the basis of suspicion. He further submits that the name of the petitioner has been transpired in the present case on the basis of the confessional statement of the co-accused namely Deepak Kumar. He further
Patna High Court CR. MISC. No.28185 of 2022(3) dt.07-11-2022 2/3
submits that nothing has been recovered from the conscious possession of the petitioner and the petitioner has no concern at all with the alleged recovery of the motorcycle and liquor in question. In fact the owner of the motorcycle in question is brother of the co-accused namely Satish Kumar, who is own brother of the co-accused.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender within a period of four weeks, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Mehandia Police Station Case No. 147 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also the following conditions:-
Patna High Court CR. MISC. No.28185 of 2022(3) dt.07-11-2022 3/3
bond shall be cancelled by the Court below.
evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rajesh Kumar Verma, J)
sandeep/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving offences under the Bihar Prohibition and Excise Act, 2018.
2 provisions across 2 enactments
Anil Kumar
The State Of Bihar
RAJESH KUMAR VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
