Single judge dismissed anticipatory bail application under Bihar Excise Act. Court refused bail because petitioner has two prior similar criminal antecedents indicating habitual involvement in illicit liquor business.
Anticipatory bail application rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58955 of 2024
Arising Out of PS. Case No.-1467 Year-2024 Thana- Excise P.S. District- Patna
======================================================
Akash Kumar Gupta SON OF RAGHUNANDAN PRASAD @ RAGHUNANDAN PRASAD GUPTA VILLAGE- MOUNI BABA THAKURBARI, SALIMPUR AHRA PS -GANDHI MAIDAN DISTRICTPATNA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Damodar Prasad Tiwary ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 11-09-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Patna Excise Case No. 1467 of 2024, disclosing offences under Sections 30(a), 32(1)(3), 36, 41(1)(2), 56(b) of the Bihar Excise Act.
3. As per the prosecution case, the informant, on secret information, raided the shop/godown located near Krishna Niketan School in Maruti Gali of Ram Krishna Nagar Police Station at about 10:30 am where two persons, who were engaged there, were arrested after some chase and a search was conducted. On search, several items for manufacturing the illicit liquor and also ready made liquor was recovered.
Patna High Court CR. MISC. No.58955 of 2024(2) dt.11-09-2024 2/2
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case with ulterior motive by the raiding party. Nothing has been recovered from the conscious possession of the petitioner. He next submits that petitioner was not present at the place of occurrence and his name was transpired on account of persons who were arrested at the place of occurrence.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of offence and the fact that petitioner is having two criminal antecedents of similar nature which prima facie shows that the petitioner is habitual offender and is involved in the illegal business of manufacturing, keeping and selling the liquor, I am not inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, rejected.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner accused of manufacturing and selling illicit liquor given his criminal antecedents.
1 provisions across 1 enactments
Akash Kumar Gupta
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
