High Court granted anticipatory bail to a liquor shop petitioner in an excise case, noting no recovery from his possession. Bail allowed upon surrending within 30 days with conditions.
Petitioner released on bail Rs.10,000 with two sureties if he surrenders within 30 days.
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.70840 of 2023
Arising Out of PS. Case No.-394 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur
======================================================
Ajay Kumar @ Swaminathan Brijwala @ Swaminath Brijwala Son Of Suresh Ray Resident Of Village- Dudhpura, Ps- Muffasil, Distt- Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Piyush Kumar Pandey, Advocate For the Opposite Party/s : Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
2 07-11-2023
Heard Mr.Piyush Kumar Pandey, learned counsel
for the petitioner and Mr.Mukesh Kumar Singh,learned Additional Public Prosecutor for the State.
petitioner has falsely been implicated in the present case merely on the basis of the secret information. Further submits that from
a bare perusal of the FIR as well as the seizure list that nothing
Patna High Court CR. MISC. No.70840 of 2023(2) dt.07-11-2023 2/4
has been recovered from conscious possession or the house of the petitioner rather the recovery has been made form the house of co-accused person, namely, Kanhaiya Sah and the petitioner has no concern at all with the alleged recovery of illicit liquor or the other co-accused person. There is non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr.P.C. No case, whatsoever, would be made out against the petitioners under the Bihar Prohibition and Excise Act.
Patna High Court CR. MISC. No.70840 of 2023(2) dt.07-11-2023 3/4
(I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
Patna High Court CR. MISC. No.70840 of 2023(2) dt.07-11-2023 4/4
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
2 issues framed by the court
Whether anticipatory bail can be granted to the petitioner alleging false implication and non-compliance with recovery procedure.
Whether the prayer for anticipatory bail is maintainable under the Bihar Prohibition and Excise Act.
Colour shows how this judgement treated each authority
Ram Vinay Yadav Vs. State of BiharReferred¶6
2019 (2) PLJR 1089
3 provisions across 2 enactments
Ajay Kumar @ Swaminathan Brijwala
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
