This case involves a grant of anticipatory bail to the petitioner, who faced arrest in a liquor recovery case under the Bihar Prohibition and Excise Act. Conditions for bail bonds and surrender within six weeks were imposed.
Petitioner released on anticipatory bail upon surrender within six weeks, furnishing Rs.1,000 bond with two sureties.
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.3477 of 2023
Arising Out of PS. Case No.-373 Year-2022 Thana- JAGDISHPUR District- Bhojpur
======================================================
RAVI SHANKAR Son of Ramjee Thakur Resident of Village- Ashani (Jaitpur), P.S.- Jagdishpur, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.
Allegation is of recovery of 80 litres of liquor from a motorcycle.
Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated as he is the owner of the motorcycle. It is further submitted that no prudent person would use his own vehicle for committing a crime and thus would create evidence against
Patna High Court CR. MISC. No.3477 of 2023(4) dt.22-05-2023 2/2
himself and hence would get implicated when admittedly petitioner is a person with clean antecedent. It is next submitted that petitioner had given his motorcycle to one Mannu Singh and, as such, was not aware that he will misuse the vehicle in the manner as alleged.
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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jagdishpur P.S. Case No. 373 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
Kundan/-
U T
1 issue framed by the court
Whether to grant anticipatory bail under Section 438 Cr.P.C. to the petitioner apprehending arrest in a liquor-related case.
2 provisions across 2 enactments
Ravi Shankar
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
