Dismissed¶20

Gopal Koda v. The State of Bihar

Patna HC27 Feb 2024CR. MISC./30344/2023

Case brief

AI extract

What is this about?

Anticipatory bail application CRIMINAL MISCELLANEOUS No.30344 of 2023 decided 27-02-2024 by the Patna High Court (Anjani Kumar Sharan, J); prayer for anticipatory bail of Gopal Koda rejected and application dismissed in a case registered under S. 30(a)(b)(c) Bihar Prohibition and Excise Act and S. 3 Mahua Flower Rules-2006 involving manufacture of illicit liquor and recovery of country made liquor and Mahua from the petitioner's house in Lakhisarai.

What did the court decide?

Having regard to the facts and circumstances of the case and the allegation that the petitioner is involved in manufacturing of illicit liquor, the court was not inclined to enlarge him on anticipatory bail and rejected the prayer for grant of bail. ¶19

Gopal Koda Vs The State of Bihar — Patna HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30344 of 2023

¶2

Arising Out of PS. Case No.-174 Year-2021 Thana- PIRI BAZAR District- Lakhisarai

¶3

====================================================== GOPAL KODA S/o-Karan Koda RESIDENT OF VILLAGE- BARIYARPUR TALI KODASI POLICE STATION- PIRI BAZAR DISTRICTLAKHISARAI

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶8

====================================================== Appearance : For the Petitioner/s : Mr.Ram Jiban Pd. Singh, Adv. For the Opposite Party/s : Mr.Nityanand, APP

¶9

======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

¶11

3 27-02-2024

¶12

Heard learned counsel for the petitioner and learned A.P.P. for the State.

¶13

The petitioner apprehends his arrest in a case in connection with Piri Bazar P.S. Case No.174/2021, registered for the offences punishable u/s 30(a)(b)(c) of Bihar Prohibition and Excise Act and section 3 of Mahua Flower Rules-2006.

¶14

Altogether 20 liters of country made liquor, 5 drums bloated Mahua containing 200 liter each, 30 kg ‘gur’, 50 kg of Mahua flower, 5 aluminum ‘tashla’ , 4 pipe connected to ‘chulha’ have been recovered from the house of the petitioner.

¶15

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior

¶16

Patna High Court CR. MISC. No.30344 of 2023(3) dt.27-02-2024 2/2

¶17

motive. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any of the seized articles. He was not apprehended on the spot and had no knowledge about the present case. The house of the petitioner was never raided by the police and with an oblique motive, his name has been implicated in this case. There is no compliance of section 100 of the Cr.P.C. Petitioner has no criminal antecedent.

¶18

Learned APP for the State opposed the prayer for bail by submitting that the petitioner is a member of the syndicate, who are involved in manufacturing of illicit liquor.

¶19

Having regard to the facts and circumstances of the case and the allegation that the petitioner is involved in manufacturing of illicit liquor, I am not inclined to enlarge him on anticipatory bail. The prayer for grant of bail of the petitioner is rejected.

¶20

This application is accordingly dismissed.

¶21

(Anjani Kumar Sharan, J)

¶22

pallavi/-

¶23

U T

Gopal Koda v. The State of Bihar

Case brief

What is this about?

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Gopal Koda v. The State of Bihar

Case brief

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