SC refuses Bihar's plea seeking observation on liquor law provision prohibiting pre-arrest bail


PTI | New Delhi | Updated: 27-01-2022 20:49 IST | Created: 27-01-2022 20:49 IST
SC refuses Bihar's plea seeking observation on liquor law provision prohibiting pre-arrest bail
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The Supreme Court on Thursday refused to entertain a plea of the Bihar government seeking an observation that it did not make any remark on January 11 on the validity of a provision of the state liquor law, prohibiting the grant of anticipatory bail.

The apex court had approved orders of the Patna High Court granting pre-arrest bail in such cases.

A bench headed by Chief Justice N V Ramana, on January 11, had dismissed 40 appeals of the state government challenging the grant of anticipatory bail to accused under stringent, the Bihar Prohibition and Excise Act, 2016, saying these matters have choked courts and 14-15 Patna high court judges are hearing these cases only.

The state government then rushed to the apex court saying that its order approving the grant of anticipatory bail by the high court may be construed against the validity of section 76 of the Bihar Prohibition and Excise Act which prohibits grant of anticipatory or pre-arrest bail.

"We have not made any comment on your (Bihar) Act. The issue of the validity of the Act is pending before another bench. Now you want to use my observations. Sorry," observed the CJI while refusing to consider the plea.

Senior advocate Ranjit Kumar, appearing for the state government, said that after the grant of anticipatory bail in liquor cases by some benches of the high court, a full bench was set up which held that no anticipatory bail can be given.

He also referred to a Constitution bench judgement to argue that anticipatory bail cannot be given if the statute specifically bars it.

"All I want this Hon'ble court to observe that the Lordships have not said anything on the validity of Section 76 because the accepting the anticipatory bail may go against the provision... The message should not go to the high court that your Lordships have approved the grant of anticipatory bail," the senior lawyer said.

"Did we make any observations about the validity of your Act or provision? We have not made any comments.. we simply took note of the lapse of three-four years after the grant of bail," the bench, also comprising justices A S Bopanna and Hima Kohli, said.

Sensing the outcome, the state sought permission to withdraw the plea which was allowed.

On January 11, while rejecting the appeals of the state government against bail, the apex court had noted that the bail was granted by the high court in these cases in 2017 only, and hence, it will not be proper for it to deal with the pleas now.

As per Bihar police records, 3,48,170 cases were lodged, 4,01,855 arrests made under the Bihar Prohibition and Excise law until October last year, and about 20,000 bail pleas in such cases are pending disposal either in the high court or in district courts.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)

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