Patna HC granted anticipatory bail to the petitioner in a Bihar Excise Act case involving liquor recovery, conditional upon arrest or surrender within six weeks and furnishing bail bonds with two sureties.
Anticipatory bail granted conditioned on arrest/surrender within six weeks and furnishing Rs. 5,000 bail bond with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21607 of 2023
Arising Out of PS. Case No.-582 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran
======================================================
LAL BABU RAI S/O YOGENDRA YADAV @ YOGENDRA RAI RESIDENT OF VILLAGE- BELA, P.S.- SHIKARGANJ, DISTRICT- EAST CHAMPARAN
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Md. Nazir Ansari, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 15-05-2023
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 Sections 30(a) (b), 32, 41(i) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 1000 liters of mahua mithha along with 60 liters of liquor from a place near Sikrahana 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 alleged recovery is from a place which is accessible to public at large and he came to be falsely implicated
Patna High Court CR. MISC. No.21607 of 2023(2) dt.15-05-2023 2/2
by the police because of his 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Motihari Muffasil P.S. Case No. 582 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
GauravSinha/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving offences under the Bihar Excise Act?
1 provisions across 1 enactments
LAL BABU RAI
The State of Bihar
SATYAVRAT VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
