The Patna High Court granted anticipatory bail to the petitioner in an illicit liquor case. The court noted the lack of recovery from personal possession and reliance on bus ownership for implication, ruling in favor of bail.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties 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.74010 of 2023
Arising Out of PS. Case No.-254 Year-2023 Thana- BAUNSI District- Banka
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RUPAM KUMARI W/o Amarjeet Kumar R/o vill - Pahasara, P.O. - Pahasara, P.S. - Nawkothi, Distt. - Begusarai
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Satya Prakash Sinha,Advocate For the Opposite Party/s : Mr.Mohammed Arif,APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
2 09-11-2023
Heard Mr.Satya Prakash Sinha, learned counsel for
the petitioner and Mr.Mohammed Arif, learned Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.74010 of 2023(2) dt.09-11-2023 2/4
foreign liquor was recovered from the Bus in question and she has been made accused only on the ground that she is owner of the Bus in question. 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.74010 of 2023(2) dt.09-11-2023 3/4
on the basis that she is owner of the Bus in question, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge-II, Banka in connection with Bounsi P.S.Case No.254 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-
(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.
(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
Patna High Court CR. MISC. No.74010 of 2023(2) dt.09-11-2023 4/4
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
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail given clean antecedents and recovery from the bus ownership rather than personal possession.
Whether the mandatory procedural requirements under Section 100 of CrPC were followed in the recovery of illicit liquor.
Whether pre-arrest bail is maintainable under Section 76(2) of the Bihar Prohibition and Excise Act.
Colour shows how this judgement treated each authority
Ram Vinay Yadav Vs State of BiharRelied on¶8
2019 (2) PLJR 1089
3 provisions across 2 enactments
RUPAM KUMARI
THE STATE OF BIHAR
RAJESH KUMAR VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
