Court granted bail to petitioner in case of producing 9 liters of wine under Bihar Prohibition and Excise Act, 2016, subject to bail bonds and sureties.
Petitioner released on bail with two sureties furnishing bonds of Rs.10,000 each to the satisfaction of the Special Judge, Excise Act.
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.12476 of 2018
Arising Out of PS. Case No.-16 Year-2018 Thana- SAHIYARA District- Sitamarhi
======================================================
Binod Sahni, S/o Sukhchandra Sahni, Resident of Village- Shahpur Shitalpatti Sahni Tola, P.S.- Sahiyara, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. AJIT KUMAR ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 08-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Section30(A) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that 9 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.01.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 9 liters wine is recovered. There is no compliance of Section 100 Cr.P.C.
On behalf of the State, it is submitted that the
Patna High Court Cr.Misc. No.12476 of 2018(2) dt.08-03-2018 2/2
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 A.D.J.-II-cum- Special Judge, Excise Act, Sitamarhi in connection with Sahiyara P.S. Case No. 16 of 2018.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail pending trial in a case under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.
2 provisions across 2 enactments
Binod Sahni
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
