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AHSANUDDIN AMANULLAH
Birendra Paswan @ Birendra Kumar Paswan – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing.
2. The case has been taken up out of turn on the basis of motion slip filed by learned counsel for the petitioner on 22.07.2021, which was allowed.
3. Heard Mr. Sanjay Kumar, learned counsel for the petitioner and Mr. Anant Kumar No. 1, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.
4. The petitioner apprehends arrest in connection with Simri PS Case No. 210 of 2020 dated 26.07.2020, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the 'Act').
5. The allegation against the petitioner is that when the police went on prior information near the brick-kiln of Mina Dubey, one motorcycle was seen coming towards them but on seeing the police, the rider turned the motorcycle and tried to run away but despite chase, he managed to escape leaving behind the motorcycle and on search, 60 litres of countrymade liquor was recovered from the said motorcycle and the petitioner was named as the person who had run away by the local Chowkidar.
6. Learned counsel for the petitioner submitted that the petitioner has been named
The direct connection of the petitioner to the recovered liquor, as identified by the local Chowkidar, prima facie established an offence under the Act, leading to the dismissal of the petitioner's a....
The court's decision was influenced by the doubt regarding the identification of the petitioner and the lack of material connecting him to the recovered motorcycles or liquor, leading to the grant of....
Alleged recovery of liquor from the petitioner's house constituted an offence under the Bihar Prohibition and Excise Act, 2016, and the bar of Section 76(2) of the Act was found to be applicable, lea....
The court granted pre-arrest bail based on the lack of evidence connecting the petitioner to the recovered liquor and his lack of criminal antecedent.
The specific bar of Section 76(2) of the Bihar Prohibition and Excise Act renders the petition for bail under Section 438 of the Code of Criminal Procedure, 1973 not maintainable if the recovery is f....
The recovery of contraband from a premises belonging to the accused can constitute a prima facie offence under the Bihar Prohibition and Excise Act, leading to the dismissal of a petition under Secti....
Recovery of a large amount of liquor from the petitioner's field constituted an offence under the Bihar Prohibition and Excise Act, 2016, leading to the dismissal of the petitioner's petition under S....
Recovery near the petitioner's house constituted an offence under the Bihar Prohibition and Excise Act, leading to the dismissal of the petition under Section 438 of the Code of Criminal Procedure, 1....
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