Criminal Miscellaneous application filed for anticipatory bail in a case under the Bihar Prohibition and Excise Act alleging wine storage. The High Court granted bail subject to surrender within six weeks.
Petitioner granted anticipatory bail subject to surrender within six weeks, furnishing Rs.10,000 with two sureties to the Sessions Judge.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13695 of 2018
Arising Out of PS. Case No.-427 Year-2017 Thana- DEEPNAGAR District- Nalanda
======================================================
Guddu Kumar, Son of Kameshwar Prasad Singh @ Kamleshwari Prasad Singh @ Kameshwari Prasad singh, Resident of Muhalla- Amber, Police Station- Bihar, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. YOGENDRA KR. SINGH (APP) ======================================================
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 I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 552 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 come on the disclosure of co-accused. 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.13695 of 2018(2) dt.13-03-2018 2/2
552 liters wine is recovered from a pick up van. The said pick up van does not belong to 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. Co-accused has been granted bail vide Cr.Misc.No.6699 of 2018.
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 6th Additional District and Sessions Judge (Excise), Nalanda at Biharsharif in connection with Deep Nagar P.S. case No.427 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Narendra/-
(Sudhir Singh, J)
U T
2 issues framed by the court
Whether the petitioner should be granted anticipatory bail under Section 438 Cr.P.C. in a case alleging wine storage under the Bihar Prohibition and Excise Act.
Whether the incidence of recovery from a non-belonging vehicle and lack of positional evidence justifies anticipatory bail.
2 provisions across 1 enactments
Guddu Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
