Allowed bail to the petitioner in a liquor smuggling case under IPC 273 and Bihar Excise Act, directing him to furnish a bond with two sureties to the Additional Chief Judicial Magistrate-II, Purnea.
Enlargement of the petitioner on bail on furnishing a bond of Rs. 10,000/ with two sureties of the like amount.
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.39721 of 2016
Arising Out of PS.Case No. -95 Year- 2016 Thana -BAISI District- PURNIA ====================================================== 1. Anil Kumar Sah Son of Shivjee Sah, resident of Village- Chemukh, P.S.Bochaha, District- Muzaffarpur. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 29-11-2016 Heard both sides.
The petitioner seeks bail in Baisi P.S. case No. 95 of 2016 under Section 273 of the Indian Penal Code and under Section 47(a) of Bihar Excise Amendment Act, 2016.
The police intercepted a vehicle. One person managed to flee away but the driver and co-passenger were apprehended who disclosed their names as Lalan Kumar and Anil Kumar Sah, the petitioner. They also disclosed the name of Dinesh Kumar, who managed to flee away.
The learned counsel for the petitioner submits that Lalan Kumar, driver of the vehicle, has already been granted bail vide order dated 24.11.2016 passed in Cr. Misc. 39509 of 2016 and case of the petitioner stands on the same footing.
Patna High Court Cr.Misc. No.39721 of 2016 (3) dt.29-11-2016
2/2
Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact that only 174 bottles of Royal Stag Whisky were recovered, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Purnea in Baisi P.S. Case No. 95 of 2016.
(Prabhat Kumar Jha, J)
BKS/-
U T
2 issues framed by the court
Whether the petitioner is eligible for bail given that 174 bottles of Royal Stag Whisky were recovered and his co-accused has been granted bail.
What conditions must be satisfied for the enlargement of the petitioner on bail in the P.S. Case No. 95 of 2016.
Colour shows how this judgement treated each authority
Patna High Court Cr.Misc. No.39721 of 2016 (3) dt.29-11-2016Referred¶6
2 provisions across 2 enactments
Anil Kumar Sah
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
