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Lakshman Thakur v. The State Of Bihar

Patna HC13 Mar 2018CR. MISC./13682/2018

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What is this about?

The Patna High Court granted anticipatory bail to the petitioner in an excise case involving recovery of wine. The court allowed the petitioner to surrender within six weeks, subject to furnishing security bonds and complying with bail conditions.

What did the court decide?

Petitioner released on anticipatory bail if he surrenders within six weeks, furnishing Rs. 10,000 bond and two sureties.

Lakshman Thakur Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13682 of 2018

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Arising Out of PS. Case No.-316 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur

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======================================================

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Lakshman Thakur, Son of Late Ram Prasad Thakur, Resident of VillageGangapur Hajam Tola, P.S.- Musrigharari, District- Samastipur.

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... ... Petitioner/s

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Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhay Shankar Singh For the Opposite Party/s : Mr. PRANAV KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 13-03-2018

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner is apprehending his arrest in a case registered under Sections 30(a), 38(1) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 492.480 liters wine is recovered.

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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 come on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution.

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Patna High Court Cr.Misc. No.13682 of 2018(2) dt.13-03-2018 2/2

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Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 492.480 liters wine is recovered from the bathan of co-accused Lochan Mahto. 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.

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On behalf of the State, it is submitted that the petitioner is named in the complaint case.

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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 Additional Sessions Judge 6th-cum-Special Judge, Excise, Samastipur in connection with Excise case No.316 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Narendra/-

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(Sudhir Singh, J)

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U T

Lakshman Thakur v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Lakshman Thakur v. The State Of Bihar

Case brief

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What did the court decide?

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