Shiv Janam Singh v. The State of Bihar
Case at a glance
Provisions considered
- Bihar Prohibition and Excise Act s. 30(a)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER Mr. Ganesh Prasad Yadav, Advocate Mr. Narendra Kumar Singh, APP 2 19-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Rupaspur P.S. Case No. 231 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
The case of the prosecution is that two persons on a bike were going towards canal. They started fleeing aafter seeing the police. They managed to escape. From that motorcycle, 40 liters country made liquor was recovered.
Learned counsel appearing on behalf of the petitioner has submitted that he has no concern in any way with the said liquor. The petitioner though is owner of the bike but he Patna High Court CR. MISC. No.14309 of 2025(2) dt.19-04-2025 has already sold his bike on 15.11.2021 to one Shrawan Chauhan much prior to the occurrence. The petitioner is having no criminal antecedent.
In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Rupaspur P.S. Case No. 231 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Danapur, Patna subject to the conditions as laid down under Section 438(2) of the Cr.P.C. durgesh/- U T (Ashok Kumar Pandey, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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