In an oral order, the Patna High Court granted bail to the petitioner, Mahendra Sah, accused in an excise case involving the recovery of bhang, directing him to furnish a bond of Rs. 10,000 with two sureties.
Petitioner granted bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount to the learned C.J.M., Muzaffarpur.
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.6827 of 2017
Arising Out of PS.Case No. -390 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR
====================================================== Mahendra Sah Son of Late Chetan Sah, R/o Village- Dheera, P/s - Halsi, District- Lakhisarai.
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 06-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case instituted under Sections 30(a)(c)(d)(e)&31(i) of Bihar Excise Amendment Act.
It is alleged that 2500 kilograms of Bhang, packed in a bag is said to have been recovered from the factory premises of the petitioner.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.12.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 2500 kilograms of Bhang is said to have been recovered from the
Patna High Court Cr.Misc. No.6827 of 2017 (2) dt.06-03-2017
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factory premises of the petitioner. There is no compliance of Section 100 of the Cr.P.C.
On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released 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 C.J.M., Muzaffarpur in connection with Excise Case No. 390 of 2016.
Amit/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in the said excise case.
Whether the non-compliance of Section 100 Cr.P.C. justified the grant of bail.
2 provisions across 2 enactments
Mahendra Sah
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
