High Court granted bail to petitioners in case involving recovery of prohibited liquor and offences under IPC and Bihar Prohibition and Excise Act, directing furnishing of bail bonds and sureties.
Petitioners released on bail upon furnishing bonds of Rs.10,000 each with two sureties to Satisfaction of Special Judge (Excise), Motihari.
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.10882 of 2018
Arising Out of PS. Case No.-326 Year-2017 Thana- AADAPUR District- East Champaran
======================================================
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. LALAN KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 23-02-2018
Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in a case instituted for the offences under Sections 272, 273/34 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that 42 liters wine is recovered.
It has been submitted on behalf of the petitioners that the petitioners are in custody since 04.12.2017. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 42 liters wine is recovered. There is no compliance of Section 100 Cr.P.C.
Patna High Court Cr.Misc. No.10882 of 2018(2) dt.23-02-2018 2/2
On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.
Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge VII-cum-Special Judge (Excise), Motihari in connection with Adapur P.S. case No.326 of 2017.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the petitioners are entitled to release on bail in the given circumstances.
3 provisions across 3 enactments
Ram Babu Chaudhary
Jamun Chaudhary
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
