Rejection of anticipatory bail petition where 3,356 litres of liquor were recovered from property belonging to the petitioner's mother, despite relatives securing bail.
Anticipatory bail prayed for is rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33987 of 2021
Arising Out of PS. Case No.-964 Year-2020 Thana- AHIYAPUR District- Muzaffarpur
======================================================
KRISHNA MOHAN SAH @ KISHAN RAJ Son of Durga Sah R/o Jhitkatiya, P.S.- Brahmpura, District - Muzaffarpur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sumit Shekhar Pandey For the Opposite Party/s : Mr. APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
4 01-02-2022
Heard the learned counsel for the petitioner and
the learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Ahiyapur P.S. Case No. 964/2020 instituted for the offences under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a)/36 of the Bihar Prohibition and Excise Amendment Act, 2018.
3356 litres of liquor is said to have been recovered
from a campus which stands in the name of mother of the petitioner. Precisely for this reason, the father and another brother of the petitioner also have been made accused in this case.
Patna High Court CR. MISC. No.33987 of 2021(4) dt.01-02-2022 2/3
It has been urged on behalf of the petitioner that
the land in question had been given on rent to one Rajiv Kumar, who too has been made accused in this case but has been granted regular bail by a Bench of this Court. Two of the accused persons of this case have been granted anticipatory bail by different Benches of this Court.
Since the land belongs to the mother of the petitioner, I am not inclined to exercise my discretion for grant of anticipatory bail to him.
The prayer for anticipatory bail is rejected.
However, if the petitioner surrenders before the
court below and seeks bail, it shall be considered, taking into account that the person who had taken the land on rent has been granted regular bail by a Bench of this Court and that the father and brother of the petitioner, who too have been made accused in this case with similar allegations, have been granted anticipatory bail by different Benches of this Court, and an order shall be passed in accordance with law, without being prejudiced by the fact that the present petition on his behalf has not been entertained.
Patna High Court CR. MISC. No.33987 of 2021(4) dt.01-02-2022 3/3
The court below shall also take into account that
the petitioner does not have criminal antecedents.
(Ashutosh Kumar, J)
sunilkumar/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in view of the land belonging to his mother.
Krishna Mohan Sah @ Kishan Raj
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
