This is an anticipatory bail order granting release to the petitioner in a Bihar Prohibition and Excise Act case involving 402 liters of foreign liquor, subject to specific conditions and a monetary deposit.
Release on bail with deposit of Rs.25,000 and sureties, subject to conditions laid down under Section 438(2) of Cr.P.C.
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.81612 of 2023
Arising Out of PS. Case No.-1771 Year-2023 Thana- Excise P.S. District- Muzaffarpur
======================================================
NIRAJ KUMAR SINGH @ RAJAN SINGH SON OF LATE LALLAN SINGH RESIDENT OF VILLAGE- MAHAMADA, KHARPAT TOLA, P.S. BARURAJ, DISTRICT- MUZAFFARPUR
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pravin Kumar, Adv. For the Opposite Party/s : Mr.Dilip Kumar No.1, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 21-12-2023
Heard Mr. Pravin Kumar, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.
Patna High Court CR. MISC. No.81612 of 2023(2) dt.21-12-2023 2/3
no concern either with the seized liquor or any trade of liquor. He was not apprehended on the spot and his name transpired in the case on suspicion. The place of recovery i.e. open ‘dalan’ comes in the possession of the cousin of the petitioner and the same does not belongs to the petitioner. Petitioner has one criminal antecedent of similar nature of offence.
(i) That one of the bailors will be a close relative of
Patna High Court CR. MISC. No.81612 of 2023(2) dt.21-12-2023 3/3
the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
(Anjani Kumar Sharan, J)
pallavi/-
U T
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail in a case involving foreign liquor offences.
2 provisions across 2 enactments
Niraj Kumar Singh @ Rajan Singh
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
