This is a bail application where the petitioner, facing arrest under the Bihar Prohibition and Excise Act, claimed innocence and denied involvement. The State opposed by citing recovery of liquor from the petitioner's house. The court rejected the prayer for anticipatory bail.
Prayer for 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.32379 of 2022
Arising Out of PS. Case No.-69 Year-2022 Thana- KATIHAR NAGAR District- Katihar
======================================================
RATAN MANDAL @ MANOJ MANDAL @ HADDA MANDAL S/o Late Anup Lal Mandal Resident of Koraiya Tola, P.S.- Town, District- Katihar.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajit Kumar Singh, Adv. For the Opposite Party/s : Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
3 04-02-2023
Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner apprehends his arrest in connection with Katihar Town P.S. Case No. 69 and 2022 registered under Sections 30(a) and 37(c) of Bihar Prohibition and Excise Act.
Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. There is general and omnibus allegation against him.
Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that the recovery of alleged liquor has been made from the house of the petitioner. Hence, petitioner does not deserve to be enlarged on anticipatory bail.
Patna High Court CR. MISC. No.32379 of 2022(3) dt.04-02-2023 2/2
Having considered the facts and circumstances of the
case, this Court is not inclined to grant anticipatory bail to the
petitioner. Accordingly, prayer of the petitioner is rejected.
(Arvind Srivastava, J)
utkarsh/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail given apprehension of arrest and recovery of alleged liquor.
Whether the petitioner deserves enlargement on anticipatory bail considering the State's rebuttal regarding recovered liquor.
1 provisions across 1 enactments
Ratan Mandal @ Manoj Mandal @ Hadda Mandal
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
