The court rejected the petitioner's application for anticipatory bail in a case concerning illicit liquor. The judge held that as the petitioner is the registered owner of the vehicle from which a large quantity of prohibited liquor was recovered, the bail prayer warrants rejection.
Prayer for anticipatory bail is 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.2034 of 2023
Arising Out of PS. Case No.-340 Year-2021 Thana- KHAJANCHI HAT District- Purnia
======================================================
TAPAN KUMAR S/o Dinesh Kumar Choudhary R/o Power House Road, P.S.- Town, Distt- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dr. Bidhu Ranjan For the Opposite Party/s : Mr.Indu Kumari Srivastava ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 27-03-2023 Heard learned counsel for the parties.
The petitioner apprehends his arrest in a case registered for the offence under Section 272, 273 of I.P.C. and Section 30(a) of the Bihar Prohibition & Excise Act.
17 liters 625 ml. of foreign liquor has been recovered from a Car, of which, this petitioner is registered owner.
Considering the fact that petitioner is registered owner
of the vehicle in question, from which, huge quantity of illicit liquor has been recovered, his prayer for anticipatory bail is rejected.
(Prabhat Kumar Singh, J)
anay/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in a case involving possession of illicit liquor.
Whether the petitioner's status as the registered owner of the vehicle from which illicit liquor was recovered negates bail protection.
3 provisions across 2 enactments
Tapan Kumar
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
