Petitioner sought bail in a case involving possession of Indian made foreign liquor. The court held that mere possession is not a punishable offence under the amended Act and granted bail subject to bonds and sureties.
Released on bail on furnishing bond of Rs 10,000/- with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.24453 of 2016 (3) dt.21-06-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24453 of 2016
Arising Out of PS.Case No. -251 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictPATNA ====================================================== 1. LAL BABU BHAGAT @ LAL BABU BHAKT S/o late Ramdarsh Bhakt R/o Pandit, Jigna, PS Bhore, District Gopalganj; At present residing at Ganga Vihar Colony Road No. 3 Po+PS - Phulwari District Patna. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjiv Sharan For the Opposite Party/s Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 21.06.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner seeks bail in a case registered under section 47 (A) of the Excise Act.
Three bottles Indian made foreign liquor are said to have been recovered from the conscious possession of the petitioner but submission on behalf of the petitioner is that mere possession of Indian made foreign liquor is not punishable offence in New Excise Amendment Act, 2016.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in Gandhi Maidan P.S. Case / Excise case no. 251/2016.
shahid U T
(Hemant Kumar Srivastava,J)
2 issues framed by the court
Whether mere possession of Indian made foreign liquor is a punishable offence under section 47(A) of the Excise Act as amended by the New Excise Amendment Act, 2016.
Whether the petitioner should be released on bail in the registered case under section 47(A) of the Excise Act.
2 provisions across 2 enactments
Lal Babu Bhagat @ Lal Babu Bhakt
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
