The Patna High Court allowed the petitioner's application for anticipatory bail in an excise violation case where liquor was recovered from a vehicle driven by a driver, noting the petitioner was not in conscious possession.
Anticipatory bail granted, directing release on bail upon arrest or surrender, subject to furnishing bonds and 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.65052 of 2023
Arising Out of PS. Case No.-34 Year-2023 Thana- Excise P.S. District- Madhubani
======================================================
JANAK PASWAN Son of Ramcharan Paswan Resident of Village-Rajkumar Ganj Lalbagh, P.S.-Mithila University, District-Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Subhash Kumar Jha For the Opposite Party/s : Mr. Shyam Bihari Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER
3 08-12-2023
Heard the learned Advocate for the petitioner and the
learned Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.65052 of 2023(3) dt.08-12-2023 2/3
Excise (Amendment) Act, 2018 was initiated.
Patna High Court CR. MISC. No.65052 of 2023(3) dt.08-12-2023 3/3
witnesses and would be present in the court below during trial on all dates.
(Bibek Chaudhuri, J)
skm/-
U
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner accused under Section 30(a) of Bihar Prohibition and Excise Act, 2018.
Whether the condition of release on bail should be framed given the petitioner was not in conscious possession of the seized liquor.
2 provisions across 2 enactments
Janak Paswan
The State of Bihar
Bibeik Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
