An oral order granting anticipatory bail to a petitioner facing arrest under Section 30(A) of the Bihar Prohibition and Excise Act, 2016, for alleged recovery of 81 liters of wine from an unconstructed house.
Petitioner released on anticipatory bail upon surrender within six weeks, furnishing bond of Rs.10,000 with two sureties of Rs.10,000 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.12950 of 2018
Arising Out of PS. Case No.-86 Year-2017 Thana- KARJAIN District- Supaul
======================================================
Ram Kumar Yadav, Son of Modhri Yadav, Resident of Village- Dahgama, Police Station- Karijan, District- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Shyam Bihari Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 12-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 81 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the alleged recovery is made from the unconstructed house of the petitioner, where one motorcycle was being parked. Except for this, there is no other substantive evidence to suggest the implication of the petitioner
Patna High Court Cr.Misc. No.12950 of 2018(2) dt.12-03-2018 2/2
in this case. It is alleged that 81 liters wine is recovered from the unconstructed house of the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. 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.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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. IInd-cum-Special Judge, (Exicse), Supaul in connection with Karjain P.S. case No.86 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving recovery of liquor from an unconstructed house where he had no conscious possession or knowledge.
3 provisions across 2 enactments
Ram Kumar Yadav
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
