Anish Kumar Das 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 KHATIM REZA Mr. Ravi Ranjan, Advocate Mr. Gauri Shankar Gupta, APP ORAL ORDER 2 13-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends arrest in connection with Katra P.S. Case No. 136 of 2024 dated 07.08.2024, instituted for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.
The allegation is of recovery of 261 litres of illicit country made foreign liquor from the bush beside the road near the house of Dahaur Miya in village Katai.
Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered either from the conscious possession or from the house of the petitioner rather the same is recovered from the bush. It is next Patna High Court CR. MISC. No.86271 of 2024(2) dt.13-12-2024 submitted that only on the basis of disclosure made by the local Chaukidar, the petitioner has been made accused in this case. It is further stated that the seizure has been made from the bush, which is an open place and accessible to all. It is also submitted that other co-accused namely, Arun Kumar has been granted bail vide order dated 23.10.2024 passed by this court in Criminal Miscellaneous No. 71899 of 2024. Lastly, it has been submitted that petitioner has no criminal antecedents.
Learned A.P.P. has opposed the prayer for bail of the petitioner.
Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Katra P.S. Case No. 136 of 2024, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. III, Muzaffarpur, subject to condition as laid down under Section 438(2) of the Cr.P.C. Sankalp/- U T (Khatim Reza, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.