Dismissed

Dilip kumar Verma v. The State of Bihar

Patna HC7 Aug 2024CR. MISC./46386/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought in an Excise Act case involving recovery of 55.05 litres of illicit foreign liquor from the petitioner's house. The court held a prima facie case was made out and, following the Full Bench ruling that anticipatory bail is not maintainable in such cases, rejected the application with directions for regular bail on surrender.

What the court decided

AI extract

Dilip kumar Verma Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46386 of 2024

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Arising Out of PS. Case No.-255 Year-2024 Thana- Excise P.S. District- Patna

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

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Dilip kumar Verma S/O Late Lal Babu Verma R/O Chhoti pahadi, P.S. Agamkuan, Distt-Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Ramjiban Prasad For the Opposite Party/s : Mr. Mukesh Kumar Singh

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

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 07-08-2024

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Heard learned Counsel for the petitioner and

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learned Additional Public Prosecutor for the State.

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This application, for grant of anticipatory bail, arises out of Patna, Excise Police Station Case No. 255 of 2024, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act.

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The prosecution case, as per the First Information Report, is that the police, on the information received from the Headquarter, raided the house of the petitioner and recovered 55.05 liters of illicit foreign liquor kept in four bags under the stairs.

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Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that nobody was present in the house of the petitioner at the time of raid and the petitioner was not arrested from the spot. He next submits that the house from where the illicit liquor has been recovered is not in the exclusive possession of the petitioner and the same is a joint family

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Patna High Court CR. MISC. No.46386 of 2024(2) dt.07-08-2024 2/2

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property.

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After having heard learned Counsel for the parties and taking into consideration the fact that from seizure list, it is apparent that illicit liquor has been recovered from the house of the petitioner, as such prima facie case under the Bihar Prohibition and Excise Act, 2016 is made out and the Hon’ble Full Bench of this Court has held that anticipatory bail in such cases in not maintainable.

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Accordingly, in view of the law laid down by the Full Bench in Criminal Appeal (SJ) No. 431 of 2019, I am not inclined to grant the petitioner privilege of anticipatory bail.

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This application is, accordingly, rejected.

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However, if the petitioner surrenders within a period of four weeks from today and seeks regular bail, the concerned District Court may decide the same on the same date keeping in view that the petitioner is having no criminal antecedent.

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(Anil Kumar Sinha, J)

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HarshPandey/-

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U T

Dilip kumar Verma v. The State of Bihar

Case brief

What is this about?

What the court decided

Dilip kumar Verma v. The State of Bihar

Case brief

What is this about?

What the court decided

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