Anticipatory bail sought under Section 30(a) of the Bihar Prohibition and Excise Act after recovery of country-made liquor from petitioner's house. Court declined bail, holding that since illicit liquor was recovered from his house, the prayer could not be granted.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77417 of 2023
Arising Out of PS. Case No.-140 Year-2023 Thana- MIRGANJ District- Purnia
======================================================
ARUN RISHI SON OF BHARATHU RISHI RESIDENT OF KAJRA MUSHAHARI, WARD NO.11, P.S. - MIRGANJ, DISTRICT - PURNEA AT PRESENT RESIDING AT VILLAGE - CHIKNI, WARD NO.04, P.S. - SARSI, DISTRICT - PURNEA
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Md Fazle Karim, Adv. For the Opposite Party/s : Mr.Dilip Kumar No. 1, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 02-12-2023
Heard learned counsel for the petitioner and learned A.P.P. for the State.
Patna High Court CR. MISC. No.77417 of 2023(2) dt.02-12-2023 2/2
either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. He had not consumed liquor. He has been falsely implicated in the case merely on suspicion. The real fact is that the petitioner does not reside in the alleged house. He works as daily wages labour and resides at Village- Chikni, Ward No. 04, P.S.-Sarsi, Purnea and in support of the above fact, he has also enclosed his Aadhar Card in the petition which was marked as Annexure No.2. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
(Anjani Kumar Sharan, J)
divyanshi/-
U T
1 issue framed by the court
Whether a petitioner apprehending arrest after recovery of illicit liquor from his house should be granted anticipatory bail.
1 provisions across 1 enactments
Arun Rishi
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
