Petitioners sought pre-arrest bail in an excise case alleging recovery of liquor from a pick-up van; the court allowed the application and granted conditional bail upon arrest or surrender.
Anticipatory bail granted on furnishing Rs.5,000 bail bonds with two like sureties each, within six weeks, subject to Section 438(2) Cr.P.C. conditions.
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.20034 of 2024
Arising Out of PS. Case No.-646 Year-2023 Thana- SAKRA District- Muzaffarpur
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Dr. Bipin Chandra For the Opposite Party/s : Mr.Kanhiya Kishor ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
learned APP for the State.
arrest in a case registered for the offences punishable under Sections 30(a), 32(i)(ii)(iii), 36 and 41(i) of the Excise Act, 2022.
the petitioner no.1 has antecedent one case and petitioner no.2is a person with clean antecedent and the allegation is of recovery of 587.52 litres of liquor from a pick-up van.
petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.20034 of 2024(2) dt.22-03-2024 2/2
recovered from their conscious possession and are not the owners of the seized vehicle and they came to be implicated based on confessional statement of co-accused in police, which does not have any evidentiary value.
(Satyavrat Verma, J)
vikash/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to two petitioners accused under the Excise Act of recovery of liquor from a vehicle they allegedly did not own or possess.
2 provisions across 2 enactments
Sujit Kumar
Tuntun Kumar
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
