The high court granted bail to the petitioner, a vehicle driver, in a case involving alleged manufacturing cases of fake alcohol. The court noted the recovered items contained only 0.9% alcohol.
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.14150 of 2017
Arising Out of PS.Case No. -15 Year- 2017 Thana -GAMAHARIYA District- MADHEPURA
====================================================== Deepak Kumar, Son of Chhotu Sahni, resident of village - Supaul, Police Station - Supaul, District - Supaul
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Uday Chand Prasad, Advocate. Mr. Manoj Kumar, Advocate. For the Opposite Party/s : Smt. Pronati Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 13-04-2017 Heard both sides.
The petitioner seeks bail in Gamharia P.S. Case No. 15 of 2017 registered under Sections 419 and 420 of the Indian Penal Code and 30(a) of the Bihar Excise (Amendment) Act, 2016
The petitioner is the driver of the vehicle bearing registration number BR-50G-2969 and from the vehicle of the petitioner, 48 bundles each containing 12 bottles of food products were recovered. The bottles were sent to excise department for examination and it is transpired that aforesaid bottles contain 0.9% alcohol.
Learned counsel for the petitioner submits that the recovered article is food product and the petitioner was simply
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carrying the same. Even the beer contains 15 to 20% alcohol and the aforesaid bottles recovered from the possession of the petitioner contain only 0.9% alcohol. The petitioner is in jail since 06.02.2017.
Considering the facts aforesaid, 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 Sub-Judge-V, Madhepura in connection with Gamharia P.S. Case No. 15 of 2017.
(Prabhat Kumar Jha, J)
Mishra/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail considering the recovered items had low alcohol content.
2 provisions across 2 enactments
Deepak Kumar
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
