The Patna High Court rejected the petitioners' application for anticipatory bail in a case involving illicit liquor manufacturing. The court refused to enlarge them due to their identification as members of a liquor syndicate.
Prayer for grant of anticipatory bail rejected.
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.64505 of 2022
Arising Out of PS. Case No.-127 Year-2022 Thana- ROSHANGANJ District- Gaya
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sudhir Kumar Sinha, Adv. For the Opposite Party/s : Mr. Dilip Kumar No.1, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 09-12-2022 Heard the parties through virtual court proceedings.
Petitioners apprehend their arrest in connection with Roshanganj P.S. Case No.127 of 2022, registered for the offence punishable u/s 30(b) and 30(c) of Bihar Prohibition and Excise Amendment Act 2018.
Allegedly, 20 liter Mahua Jawa found near a bridge and one illegal bhatti and apparatus was recovered. On search, 400 liters country made wine has been recovered.
Learned counsel for the petitioners submits that petitioners are quite innocent and have not committed any offence as alleged in the FIR. Petitioners have been falsely implicated in this case due to high handedness of police. Their
Patna High Court CR. MISC. No.64505 of 2022(2) dt.09-12-2022 2/2
names transpired in this case on the disclosure of some interested person and petitioners have no any concern and contact with Rajesh Bhuiya in any manner. Petitioners have neither been apprehended on the spot nor any incriminating article has been recovered from their conscious physical possession. They have no concern either with the seized liquor or any trade of liquor. Petitioners have no criminal antecedents.
Having regard to the facts and circumstances of the case, since the petitioners are the members of syndicate involved in the manufacturing of illicit liquor, I am not inclined to enlarge them on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.
This application is accordingly dismissed.
(Anjani Kumar Sharan, J)
divyanshi/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners facing arrest under Section 30(b) and 30(c) of the Bihar Prohibition and Excise Amendment Act 2018.
2 provisions across 1 enactments
Ayay Yadav and Saudagar Yadav
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
