The Patna High Court granted bail to petitioner Rahul Kumar Roy, a first offender with no criminal antecedent, in a case involving liquor smuggling offenses under the Indian Penal Code and Bihar Prohibition and Excise Act.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 and two sureties of 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.8278 of 2017
Arising Out of PS.Case No. -173 Year- 2016 Thana -SONO District- JAMUI
====================================================== 1. Rahul Kumar Roy @ Rahul Kr. Ravi @ Lal, S/o Birendra Roy, resident of village - Barhi Bokhari Kala, Police Station Makhdumpur, District - Jehanabad at Present Bokaro Cooperative, Police Station City ( Nagar ), District - Bokaro
.... .... Petitioner/s Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Sri Manish Kumar 2
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 20-03-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 41, 47, 53 of the Bihar Prohibition and Excise Act, 2016.
Allegation is that the petitioner was traveling on the Toyota Corolla vehicle from which 99 litres foreign liquor was recovered. The vehicle was being driven by the son of the owner of the vehicle.
The petitioner is in custody since 29.10.2016 having no criminal antecedent.
Considering the period already undergone and
Patna High Court Cr.Misc. No.8278 of 2017 (3) dt.20-03-2017
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the fact that the petitioner is first offender, let the petitioner, above named, 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 learned Additional Chief Judicial Magistrate 1st , Jamui/successor Court in connection with Sono Police Station Case No. 173 of 2016.
(Birendra Kumar, J)
Kundan/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner accused of cheating and forgery related offences as per I.P.C. or liquor smuggling.
2 provisions across 2 enactments
Rahul Kumar Roy
State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
