The High Court at Patna granted anticipatory bail to the petitioner in a case involving prohibition contraventions. The petitioner was released subject to furnishing a bond and appearing as required.
Anticipatory bail granted on surrender within six weeks with a bail bond of Rs. 10,000 and two sureties.
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.13454 of 2018
Arising Out of PS. Case No.-161 Year-2017 Thana- FORBESGANJ District- Araria
======================================================
Md. Sajid, Son of Haji Sabbir Hussain @ Md. Sabbir Hussain, Resident of Village- Mirzapur, P.S. Simraha, District Araria.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. ASHARAF ANSARI ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 13-03-2018 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 89.250 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 on the basis of disclosure made by the co-accused namely Md. Mohit. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that
Patna High Court Cr.Misc. No.13454 of 2018(2) dt.13-03-2018 2/2
89.250 liters wine is recovered from co-accused Md. Harun. 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 2nd Additional Sessions Judge, Araria in connection with Forbesganj (Simraha) P.S. Case No. 161/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Pankaj/-
U T
(Sudhir Singh, J)
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in a prohibition contravention case.
3 provisions across 3 enactments
Md. Sajid
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Sudhir Singh
Parties & counsel
