The Court granted bail to the petitioner, Parmeshwar Sahni, in a case involving possession of foreign liquor under the IPC and Bihar Excise Act. Bail was ordered on furnishing a bond of Rs. 10,000 with two sureties.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of the same amount to the 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.6908 of 2017
Arising Out of PS.Case No. -630 Year- 2016 Thana -AHIAPUR District- MUZAFFARPUR
====================================================== Parmeshwar Sahni S/o late Keshwar Sahni Resident of Village- Shikhur dhab, P.S. Ahiyapur, Distt- Muzaffarpur.
.... .... Petitioner
Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Anish Kumar For the Opposite Party/s : Mr. Ram Sevak Choudhary
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 09-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case instituted under Sections 272, 273, 120(B) of the Indian Penal Code and Sections 47A, 54 and 57 of the Bihar Excise Amended Act, 2016.
It is alleged that 15.120 litres of foreign liquor is said to have been recovered from the possession of the petitioner.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.09.2016. 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 15.120 litres of foreign liquor is said to have been recovered from the
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possession 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 Ahiapur P.S. Case No. 630 of 2016, corresponding to G.R. No. 4010 of 2016.
(Sudhir Singh, J)
Amit/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in proceedings under Sections 272, 273, 120(B) of the IPC and Sections 47A, 54, 57 of the Bihar Excise Amended Act, 2016.
Whether the omission to comply with Section 100 of the Cr.P.C. impacts the grant of bail.
3 provisions across 3 enactments
Parmeshwar Sahni
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
