This is an oral order granting bail to a petitioner arrested under the Bihar Prohibition and Excise Act, 2016. The High Court rejected the bail application citing antecedents and the recovery of liquor.
Application for regular bail rejected; liberty to renew prayer after one year of custody.
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. 3529 of 2022
Arising Out of PS. Case No.-612 Year-2021 Thana- BAGHA District- West Champaran
======================================================
MUNNA ANSARI S/o Gaffur Ansari @ Gafur Miyan Resident of VillageDhakdahia Banjaria, P.S.- Semra, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 15-04-2022
Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a) and 45 of the Bihar Prohibition and Excise Act, 2016 .
As per the prosecution case, 16 litres of liquor was recovered from the motorcycle of the petitioner and the petitioner was taken into custody.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession or from his motorcycle. He is in custody since 20.11.2021 and chargesheet has been submitted in the case.
The application for bail is opposed by learned APP for the State who submits that the petitioner has antecedents under
Patna High Court CR. MISC. No. 3529 of 2022(2) dt.15-04-2022 2/2
the Bihar Prohibition and Excise Act, 2016.
Having heard learned counsel for the parties and taking into consideration the antecedents of the petitioner under the Bihar Prohibition and Excise Act, 2016 together with the petitioner having been caught with 16 litres of liquor, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
Liberty is granted to the petitioner to renew his prayer for bail on completing one year in custody.
(Partha Sarthy, J)
Spd/-
U T
1 issue framed by the court
Whether the petitioner should be granted regular bail in a case under sections 30(a) and 45 of the Bihar Prohibition and Excise Act, 2016?
1 provisions across 1 enactments
Munna Ansari
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
