Single judge order granting anticipatory bail to Manju Devi in a prohibition offence case involving illicit Mahua liquor recovery, finding no prima facie case against her despite a contrary statutory bar.
Petitioner enlarged on anticipatory bail by furnishing bond of Rs. 10,000 with two sureties each to the satisfaction of the Exclusive Special Excise Court.
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.38647 of 2023
Arising Out of PS. Case No.-147 Year-2023 Thana- CHANDAUTI District- Gaya
======================================================
MANJU DEVI Wife of Vijay Chaudhary Resident of Village- Gyani Bigha, Kujapi, Police Station- Chandauti District- Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Shailesh Kumar For the Opposite Party/s : Mr.Mritunjay Kumar Nirala ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 28-07-2023
Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
Patna High Court CR. MISC. No.38647 of 2023(2) dt.28-07-2023 2/3
been recovered from the conscious possession of the petitioner nor from inside the house of the petitioner, hence, the petitioner is not having any complicity in the matter.
Patna High Court CR. MISC. No.38647 of 2023(2) dt.28-07-2023 3/3
bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Gaya in connection with Chandauti P.S.Case No. 147 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J)
Ajay/- U T
2 issues framed by the court
Whether the prima facie case is made out for offences under Bihar Prohibition and Excise Act, 2016 to deny anticipatory bail.
Whether Section 76(2) of the Act, 2016 acts as an impediment for the grant of anticipatory bail in the given facts.
3 provisions across 3 enactments
Manju Devi
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
