Dismissed¶18

Sintu Kumar v. the State of Bihar

Patna HC17 Jan 2025CR. MISC./52692/2024

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.52692 of 2024, decided 17-01-2025 by Ramesh Chand Malviya, J. Anticipatory bail application in Dhanarua P.S. Case No. 115 of 2024 under Sections 30(a) and 45 of the Bihar Prohibition and Excise Act, 2022; held barred under Section 76(2) of the Bihar Prohibition and Excise Act, 2016; 240 litres foreign liquor recovery from Tata Safari WB26R4433; prayer for anticipatory bail rejected.

What did the court decide?

The present anticipatory bail petition is barred by Section 76(2) of the Bihar Prohibition and Excise Act, 2016, and the Court is therefore not inclined to grant anticipatory bail to the petitioners. ¶17

Sintu Kumar Vs the State of Bihar — Patna HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52692 of 2024

¶2

Arising Out of PS. Case No.-115 Year-2024 Thana- DHANARUA District- Patna

¶3

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

¶4

Sintu Kumar, aged about 29 years (Male) S/O Sri Surendra Kumar R/O Village- Maharaj Chak, P.S- Masaudhi, Distt.- Patna.

¶5

Godhan Kumar @ Bimlesh Kumar @ Vimlesh, aged about 19 mears(Male) S/O Sri Niranjan Chaudhary, R/O Village- Chiraiyatanr, P.S- Jehanabad, Distt.- Jehanabad.

¶6

... ... Petitioner/s

¶7

Versus ... ... Opposite Party/s

¶8

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s : Mr. Mohammed Arif, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

¶9

ORAL ORDER 3 17-01-2025 Heard learned counsel for the petitioners and learned

¶10

APP for the State.

¶11

The petitioners apprehend their arrest in connection with Dhanarua P.S Case No. 115 of 2024 instituted for the offence punishable under Sections 30(a), 45 of the Bihar Prohibition and Excise Act, 2022.

¶12

As per allegation in the FIR, total 240 litres of foreign liquor was recovered from a four wheeler Tata Safari bearing registration no. WB26R4433.

¶13

Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He next submits that petitioners are not named in the FIR.

¶14

Learned APP appearing for the State has opposed the prayer for bail of the petitioners and submits that granting

¶15

Patna High Court CR. MISC. No.52692 of 2024(3) dt.17-01-2025 2/2

¶16

anticipatory bail to the petitioners may affect the investigation of this case and the present petition is barred by Section 76 (2) of Bihar Prohibition and Excise Act, 2016, so the prayer for the anticipatory bail of the petitioner be rejected.

¶17

From perusal of the F.I.R., seizure list, impugned order dated 31.05.2024 and case diary, it appears from para-75 of the case diary that the mobile no. 7765650498 which belongs to co-accused Nitish Kumar was found at the place of occurrence and at the time of occurrence, one call was made to the petitioner namely Sintu Kumar at his number from the above mentioned phone number and petitioner no.1 namely Sintu Kumar also got criminal antecedent of the similar nature of offence. Considering the facts and circumstances of the case and submissions canvassed by learned counsel for the parties, the present petition is barred by Section 76 (2) of Bihar Prohibition and Excise Act, 2016, so I am not inclined to grant anticipatory bail to the petitioners.

¶18

Accordingly, prayer for anticipatory bail of the petitioners is hereby rejected.

¶19

(Ramesh Chand Malviya, J)

¶20

Brajesh Kumar/- U T

Sintu Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Sintu Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Ramawati Devi Vs The State of Bihar

Subhash Chandra Bhagat Vs The State of Bihar

Sabita Devi @ Sabita Kumari Vs The State of Bihar

Md. Danish Vs the State of Bihar

Manish Kumar Vs The State of Bihar

Sanjay Kumar Yadav Vs The State of Bihar