The Patna High Court granted bail to Bigan Rawat in a case involving alcohol violation under the IPC and Bihar Excise Act. The court directed him to furnish a bail bond with two sureties to the Chief Judicial Magistrate.
Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties of the like amount to the satisfaction of the CJM, Saran.
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.8377 of 2017
Arising Out of PS.Case No. -123 Year- 2016 Thana -KHAIRA District- SARAN
======================================================
Bigan Rawat, son of Late Kumar Rawat, resident of Village- Dhup Nagar, Dhabwal, P.S.- Khaira, District- Saran.
.... .... Petitioner
Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar Tiwary For the Opposite Party/s : Mr. C. Jawahar
====================================================== 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 188, 272, 273, 34 of the Indian Penal Code and Section 47 of Bihar Excise Act, 2016.
It is alleged that 8 litres of Mahua 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 28.10.2016. 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 8 litres of Mahua liquor is said to have been recovered from the possession
Patna High Court Cr.Misc. No.8377 of 2017 (2) dt.09-03-2017
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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., Saran at Chapra in connection with Khaira P.S. Case No. 123 of 2016.
(Sudhir Singh, J)
Amit/-
U T
2 issues framed by the court
Whether the petitioner be released on bail after furnishing a bond and sureties.
Whether the lack of compliance with Section 100 of Cr.P.C. precludes grant of bail.
3 provisions across 3 enactments
Bigan Rawat
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
