Dismissed¶19

Manish Raj Kushwaha v. The State Of Bihar

Patna HC28 Aug 2024CR. MISC./53813/2024

Case brief

AI extract

What is this about?

Anticipatory bail rejected, Patna High Court, Cr. Misc. No. 53813 of 2024, order dt. 28-08-2024, Khatim Reza J. Petitioner Manish Raj Kushwaha; Runnisaidpur P.S. Case No. 523 of 2023, Sitamarhi; Section 30(a) Bihar Prohibition and Excise Act 2018; 13.200 litres illicit wine recovered from petitioner-owned motorcycle BR30AF2411; 45 litres and total 58.200 litres from house of Saroj Kumar Yadav; no recovery from petitioner's possession or house; two prior criminal cases; liberty to surrender within four weeks and seek regular bail same day.

What did the court decide?

Anticipatory bail refused. Liberty effectively given to surrender before the court below within four weeks and pray for regular bail, to be considered and disposed of preferably on the same day without being prejudiced by this rejection order. ¶19

Manish Raj Kushwaha Vs The State Of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to Manish Raj Kushwaha, who apprehends arrest in connection with Runnisaidpur P.S. Case No. 523 of 2023 under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. +1 more

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Court's answer

Because the recovery of illicit wine was made from the petitioner's own motorcycle, the court was not inclined to grant anticipatory bail.

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Ratio / Principle

The petitioner is the owner of the seized motorcycle from which 13.200 litres of illicit wine was recovered.

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Key takeaways

The petitioner's anticipatory bail application is rejected.ratio¶19
If the petitioner surrenders before the court below within four weeks and prays for regular bail, it shall be considered and disposed of, preferably on the same day, without being prejudiced by this rejection order.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail — rejected. Patna High Court (Khatim Reza, J), Criminal Miscellaneous No. 53813 of 2024, order dt. 28-08-2024: petitioner Manish Raj Kushwaha, apprehending arrest in Runnisaidpur P.S. Case No. 523 of 2023 dated 20.10.2023 under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. Alleged recovery: 45 litres illicit wine from the house of apprehended accused Saroj Kr. Yadav and 13.200 litres from motorcycle Reg. No. BR30AF2411 owned by the petitioner. Counsel argued false implication, no recovery from petitioner's conscious possession or house, total 58.200 litres recovered at Saroj Kumar Yadav's house, and two pending criminal cases against the petitioner; learned A.P.P. opposed. Held: since the recovery issued from the petitioner's own motorcycle, anticipatory bail was not inclined to be granted and the application was rejected; petitioner may surrender within four weeks and seek regular bail, to be considered preferably the same day without prejudice to this rejection.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53813 of 2024

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Arising Out of PS. Case No.-523 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi

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

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Manish Raj Kushwaha Son of Suresh Kushwaha Resident of VillageBishanpur, Ratwara Ward No. 06, Police Station- Bajpatti, District- Sitamarhi

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... ... Petitioner/s

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Versus

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The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pushpendra Kumar Singh, Adv. Smt. Divya Bharti, Adv. For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA

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ORAL ORDER

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2 28-08-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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2. The petitioner apprehends arrest in connection with Runnisaidpur P.S. Case No. 523 of 2023 dated 20.10.2023, instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

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3. The allegation is of recovery of 45 litres illict wine from the house of apprehended accused person, namely, Saroj Kr. Yadav and 13.200 litres illict wine from the motorcycle bearing Reg. No. BR30AF2411.

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4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the petitioner is the owner of the seized motorcycle and only on that basis he has been made accused in this case. Nothing has been recovered either from conscious

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Patna High Court CR. MISC. No.53813 of 2024(2) dt.28-08-2024 2/2

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possession of the petitioner or from the house of the petitioner. It is submitted that total 58.200 litres have been recovered from the house of apprehended Saroj Kumar Yadav. Lastly, it has been submitted that he has two criminal cases against him.

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5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

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6. The petitioner is the owner of the seized motorcycle from which 13.200 litres illict wine was recovered. Since the recovery has been made from the motorcycle of the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

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7. Accordingly, the anticipatory bail application of the petitioner is rejected.

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8. If the petitioner surrenders before the court below within a period of four weeks and prays for regular bail, the same shall be considered and disposed of, preferably, on the same day without being prejudiced by this rejection order.

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(Khatim Reza, J)

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prabhat/-

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U T

Manish Raj Kushwaha v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Manish Raj Kushwaha v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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