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AHSANUDDIN AMANULLAH
Shravan Roy @ Sharvan Rai @ Sharvan Kumar Rai – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
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 09.08.2021, which was allowed.
3. Heard Ms. Aprajita, learned counsel for the petitioner and Ms. Pronoti Singh, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.
4. The petitioner apprehends arrest in connection with Manigachi PS Case No. 136 of 2020 dated 24.06.2020, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the ‘Act’).
5. As per the allegation, when the police on prior information that the petitioner and others were dealing in illicit liquor, went to the spot, some persons ran away leaving behind two motorcycles and one person was caught and there was recovery and upon his disclosure, the police recovered liquor from various places, including straw hut of the petitioner.
6. Learned counsel for the petitioner submitted that the recovery is about 500 metres away from the house of the petitioner and that he was not present at the time of seizure as he was with his wife at Primary Health Centre during child birth
The specific mention of recovery of evidence from the accused's premises in the FIR and seizure list can influence the maintainability of a petition under Section 438 of the Code of Criminal Procedur....
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 application for anticipatory bail may not be maintainable under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, if an offence is prima facie made out due to recovery from the petitio....
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....
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....
The recovery of a huge quantity of liquor from a vehicle owned by the petitioner constitutes an offence under the Bihar Prohibition and Excise Act, 2016, and triggers the application of Section 76(2)....
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....
The recovery of incriminating evidence from the petitioner's possession can render a pre-arrest bail petition not maintainable under the relevant provisions of the law.
application is not maintainable in view of bar of Section 76(2) of the Act which does not permit filing of an application under Section 438 of the Code of Criminal Procedure, 1973, as prima facie off....
Prima facie evidence of an offence under the Bihar Prohibition and Excise Act, 2016 leads to the dismissal of a petition under Section 438 of the Code of Criminal Procedure, 1973.
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