In a criminal miscellaneous matter, the High Court of Patna granted anticipatory bail to the petitioner in an excise case involving liquor recovery from a public ghat, subject to standard conditions.
Petitioner released on anticipatory bail by furnishing bonds of Rs. 1,000 with two sureties within six weeks.
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.3682 of 2022
Arising Out of PS. Case No.-314 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj
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MUKESH YADAV@MUKESH KUMAR YADAV Son of Sadhu Yadav Resident of Village - Bhagwanpur, P.s.- Nautan, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Harendra Prasad, Advocate For the Opposite Party/s : Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
3 29-09-2022
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 360 litres liquor from a sugarcane field at the ghat of Gandak river.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that even the recovery is from a place which is
Patna High Court CR. MISC. No.3682 of 2022(3) dt.29-09-2022 2/2
accessible to public at large and does not belong to the petitioner and he came to be implicated based on secret information which is the easiest way to implicate an innocent person when admittedly he is a person with clean antecedent.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Excise Case No. 314 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
Rishi/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act regarding recovery of liquor from a public place.
Whether the petitioner, having clean antecedents and not being arrested from the spot of recovery, should be released on bail.
2 provisions across 2 enactments
Mukesh Yadav
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
