In a bail application regarding recovery of alcohol, the High Court directed the release of the petitioner on bail by furnishing a bond with two sureties to the Sessions Judge.
Release on bail with a bond of Rs. 10,000 and two sureties of the like amount each.
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.11597 of 2018
Arising Out of PS. Case No.-18 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai
======================================================
Niranjan Kumar Ray @ Niranjan Ray, Son of Janardan Ray, resident of Village- Sikendrapur Rajaura, P.S.- Mufassil, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. DASHRATH MEHTA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 27-02-2018
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that 874 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.01.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that total 874 liters wine is recovered from five different places. So far petitioner is concerned, only 15 liters wine is recovered from the joint house
Patna High Court Cr.Misc. No.11597 of 2018(2) dt.27-02-2018 2/2
of the petitioner where other family members also reside. There is no compliance of Section 100 Cr.P.C.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge 7th , Begusarai-cum-Special Judge, Bihar Prohibition & Excise Act, 2016 in connection with Muffasil P.S. case No.18 of 2018.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail pending trial in a case under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.
2 provisions across 2 enactments
Niranjan Kumar Ray @ Niranjan Ray
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
