The Patna High Court granted anticipatory bail to the petitioner in an FIR regarding the recovery of illicit liquor, ruling that since no articles were recovered from his possession, bail is maintainable subject to specific conditions.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount.
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.75827 of 2023
Arising Out of PS. Case No.-91 Year-2023 Thana- RAMPUR CHAURAM District-
Jehanabad
======================================================
VINAY KUMAR S/O RAJ NANDAN SINGH VILLAGE- DARRA, PS. RAMPUR CHAURAM, DIST. ARWAL
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Mishra, Advocate For the Opposite Party/s : Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
2 29-11-2023
Heard Mr. Sanjay Kumar Mishra, learned counsel
for the petitioner and Mr. Rabindra Kumar, learned Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.75827 of 2023(2) dt.29-11-2023 2/4
from perusal of the F.I.R. it appears that nothing has been recovered from the possession of the petitioner and the petitioner has no concern at all with the alleged recovery of illicit liquor. 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 petitioner under the Bihar Prohibition and Excise Act.
Patna High Court CR. MISC. No.75827 of 2023(2) dt.29-11-2023 3/4
Patna High Court CR. MISC. No.75827 of 2023(2) dt.29-11-2023 4/4
verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his 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)
Ibrar//-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case for offences under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether Section 76(2) of the Bihar Prohibition and Excise Act bars the grant of pre-arrest bail.
Colour shows how this judgement treated each authority
Ram Vinay Yadav vs. State of BiharRelied on¶19
2019(2) P.LJ.R. 1089
4 provisions across 2 enactments
Vinay Kumar
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
