Allowed the petitioner's bail application in a case concerning offences under the Bihar Prohibition and Excise Act, 2016, fixing a bond of Rs. 25,000 with sufficient sureties.
Released on bail via bond of Rs. 25,000 with two sureties of the like amount each subject to specific conditions.
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.32706 of 2017
Arising Out of PS.Case No. -13 Year- 2017 Thana -NIYAMCHANDPUR District- BEGUSARAI
====================================================== Kajal Kumar, son of Shri Ram Mahto, Resident of Village- Nima, P.S.Nima Chandpura, District- Begusari.
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
====================================================== Appearance :
For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
Originally there were two petitioners in this application but with the permission of this Court name of petitioner No.2, Mahesh Kumar, has been deleted.
4 03-08-2017
Heard learned counsel for the petitioner.
This is an application for bail in connection with Nima Chandpura P.S.Case No. 13 of 2017 registered for the offences punishable under Section 30(A) of Bihar Prohibition and Excise Act, 2016.
Allegation against the petitioner is of recovery of 13 bottles, each containing 180 ml. of Royal Stag wine from his possession.
It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and he is in custody for about five months having clean antecedent.
Heard learned APP also.
Having heard both sides and considering the aforesaid
Patna High Court Cr.Misc. No.32706 of 2017 (4) dt.03-08-2017
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facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Nima Chandpura P.S.Case No. 13 of 2017, subject to the conditions that :-
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court. (ii) The petitioner will not induce any witness or tamper with the evidence. (iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J)
spal/-
U
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a case involving the Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
Kajal Kumar
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
