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AHSANUDDIN AMANULLAH
Sunil Kumar – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
The matter has been heard via video conferencing.
2. Heard Ms. Ranjana Srivastava, learned counsel for the petitioner and Mr. Akbar Ali, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.
3. The petitioner apprehends arrest in connection with Banjariya (Turkolia) PS Case No. 457 of 2020 dated 11.07.2020, instituted under Sections 272/273/34 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the ‘Act’).
4. The allegation against the petitioner is that when the police on secret information that two people were going on motorcycle with wine, reached the place two persons riding a motorcycle were seen, who tried to run away and on chase they left the motorcycle on the road and fled away and from the motorcycle 40 litres Indian chulai wine kept in a jute bag was recovered. It is alleged that the petitioner and the other person, namely, Munna Kumar were on the motorcycle involved in the wine business.
5. Learned counsel for the petitioner submitted that he has been falsely implicated and in fact he lives in Mumbai to earn his livelihood and was not even in the village at the relevant t
Prima facie establishment of an offence under the Bihar Prohibition and Excise Act based on the ownership of the motorcycle and its connection to the recovery of illegal substances.
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.
Pre-arrest bail granted conditional on verification of motorcycle ownership and criminal antecedents.
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....
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....
Verification of ownership is crucial for evaluating bail eligibility in liquor-related offenses.
The main legal point established in the judgment is that the absence of direct allegations connecting the petitioner to the illegal activities, coupled with the submission of a genuine registration c....
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