High Court granted anticipatory bail to the petitioner for 4 weeks in an excise case involving recovery of 'Tari', subject to a Rs. 10,000 bond with sureties.
Bail granted on surety of Rs. 10,000 with two sureties on producing family member as one bailor, to appear for 4 weeks.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29126 of 2016
Arising Out of PS.Case No. -58 Year- 2016 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI)
====================================================== Lal Babu Paswan, Son of Sharwan Paswan, Resident of Village- Bhopatpur, P.S.- Kotwa, District- East Champaran.
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Abhishek Kumar, Advocate. For the Opposite Party : Mr. Madan Kumar (APP223)
====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
2 26-08-2016 Heard the counsel for the petitioner and Mr. Madan Kumar, APP for the State.
The petitioner apprehends his arrest in Kotwa P.S. Case No. 58 of 2016 registered under Sections 272,273 of the Indian Penal Code and Section 47A, 53(a)(b) of the Bihar Excise Amended Act
On an information, the informant, who is a police officer, went to Bhopatpur Khairati of Tirojagarh Road. At one place few persons had assembled. Looking to the police party, they escaped. Few pots containing ‘Tari’ measuring 35 liters approx were recovered. It is stated that one of the persons present there gave the name of the petitioner as one who had tapped ‘Tari’.
Patna High Court Cr.Misc. No.29126 of 2016 (2) dt.26-08-2016
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The contention of the petitioner is that he was not present at the spot. Who disclosed the name of the petitioner is also not evident from the FIR. Referring to Section 19, it is stated that remissions are provided under the Act itself with respect to the ‘Tari’. It is not the case of the informant that any other intoxicant was found at the place of occurrence. Petitioner has no criminal antecedents.
Considering the facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in Kotwa P.S. Case No. 58 of 2016 subject to the condition that one of the bailors shall be his own/close family member. The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bond.
(Kishore Kumar Mandal, J.)
ravi/U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in proceedings for manufacturing and selling intoxicants?
Whether the petitioner's absence from the spot and lack of criminal antecedents warrant release on bail?
1 provisions across 1 enactments
Lal Babu Paswan
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
