The Patna High Court granted anticipatory bail to the petitioner in a case regarding possession of foreign liquor. The petition was allowed subject to conditions under Section 438(2) CrPC.
Release on anticipatory bail on furnishing a bond of Rs. 10,000/- with two sureties subject to conditions under Section 438(2) CrPC.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11123 of 2017
Arising Out of PS.Case No. -256 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictVAISHALI(HAJIPUR)
====================================================== Raj Kishore Gupta son of Jageshar Sah @ Rajeshwar Sah, .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anita Kumari Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 17-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 47(a)/54 of the Bihar Excise (Amendment) Act, 2016.
180 ml foreign liquor was recovered from the shop of this petitioner on 26.08.2016.
Submission of the petitioner is that on the alleged date of occurrence possession of foreign liquor was not an offence.
In the circumstance, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount
Patna High Court Cr.Misc. No.11123 of 2017 (2) dt.17-03-2017
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each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur/Successor Court in connection with C-2A256/16, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Birendra Kumar, J)
Mkr./-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving possession of foreign liquor.
2 provisions across 2 enactments
Raj Kishore Gupta
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
