Petitioner sought anticipatory bail in an excise case alleging recovery of liquor from a jungle; court granted bail on arrest or surrender within six weeks subject to Cr.P.C. Section 438(2) conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15596 of 2023
Arising Out of PS. Case No.-141 Year-2021 Thana- RAJAOLI District- Nawada
======================================================
SANTOSH YADAV SON OF BARHO YADAV R/O VILL.- MOHKAMA, P.S.- RAJAULI, DISTT.- NAWADA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Shailendra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 03-05-2023
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 has antecedent of two cases and allegation is of recovery of 300 liters of liquor from jungle.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, even the recovery is made from a place which is accessible to public at large. It is further submitted that petitioner because of his antecedent came to be implicated in the present case.
Patna High Court CR. MISC. No.15596 of 2023(2) dt.03-05-2023 2/2
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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rajauli P.S. Case No. 141 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
HarshPandey/-
U T
1 issue framed by the court
Whether the petitioner, apprehending arrest in an excise offence case with alleged recovery of liquor from public-accessible land, should be granted anticipatory bail.
2 provisions across 2 enactments
Santosh Yadav
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
