The High Court at Patna considered a petition for anticipatory bail filed by a police official apprehending arrest under the Bihar Prohibition and Excise Act. The Court rejected the prayer, refusing anticipatory bail.
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.5809 of 2023
Arising Out of PS. Case No.-596 Year-2022 Thana- FATEHPUR District- Gaya
======================================================
SANJAY KUMAR SON OF RAMASHISH RAVIDAS R/O VILL.JAGESHWAR TOLA, P.S.- DHANARUA, DISTT.- PATNA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vishwa Ranjan Choudhary For the Opposite Party/s : Mr. Md. Nazir Ansari ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
2 05-05-2023
Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner apprehends arrest in connection with Fatehpur P.S. Case No. 596 of 2022 registered for the offence under sections 91/52 of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and he has been falsely implicated in this case. Nothing has been recovered from the conscious possession of this petitioner. Petitioner has no criminal antecedent.
Learned Adll. P.P. appearing for the State opposes the prayer for bail and submits that there is serious allegation against the petitioner who is an police official of not registering
Patna High Court CR. MISC. No.5809 of 2023(2) dt.05-05-2023 2/2
first information report on several occasions even after seizing illicit liquor. The petitioner, therefore, does not deserve to be granted the privilege of anticipatory bail.
Considering the nature of allegations levelled and the submissions advanced on behalf of the parties, this Court is not inclined to grant anticipatory bail to the petitioner. His prayer for bail is, accordingly, rejected.
(Arvind Srivastava, J)
mcv/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail apprehending arrest under the Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
Sanjay Kumar
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
