This order grants anticipatory bail to the petitioner in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act. The court found no prima facie case as the petitioner was not present at the scene and did not own the truck.
Petitioner granted anticipatory bail in the event of arrest, subject to conditions under Section 438(2) CrPC.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49853 of 2021
Arising Out of PS. Case No.-208 Year-2019 Thana- DAWATH District- Rohtas
======================================================
Arun Kumar Singh, Male, aged about 37 years, Son of Chandrama Singh, Resident of Village - Maniyari, P.S.- Nawanagar, District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ravi Shankar Pathak, Advocate For the Opposite Party/s : Ms. Shaheen Begum, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
2 15-02-2022 Heard the parties through video conferencing.
The petitioner seeks bail in anticipation of his arrest in
connection with Dawath P.S. Case No. 208 of 2019 instituted for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
On the basis of the statement of two persons, who were found along with the illicit liquor, petitioner has been made an accused.
Taking into consideration the nature of allegations and the petitioner neither being present at the site nor being the owner of the truck, prima facie case under Sections 30(a) is not made out, I am inclined to allow the petitioner on bail, in the event of arrest he shall be released on anticipatory bail, subject
Patna High Court CR. MISC. No.49853 of 2021(2) dt.15-02-2022 2/2
to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sanjeev Prakash Sharma, J)
Anand Kr.
U T
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail in the case implicating offences under Section 30(a) of the Bihar Prohibition and Excise Act.
2 provisions across 2 enactments
Arun Kumar Singh
The State of Bihar
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
