Petitioner sought bail in a Bihar Prohibition and Excise Act case involving wine recovery. The Court granted bail upon furnishing bond with sureties, noting lack of criminal antecedents and witness tampering allegations, despite non-compliance of Section 100 Cr.P.C.
Released on bail bonds of Rs.10,000/- with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13994 of 2018
Arising Out of PS. Case No.-14 Year-2018 Thana- KHODABANDPUR District- Begusarai
======================================================
Rakesh Kumar S/o Chandradeo Singh @ Chandradeo Prasad Singh @ Chandradeo Prasad Vina, R/o Village- Bhushavar, P.S.- Bibhutipur, DistrictSamastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. NITYANAND ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 09-03-2018
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that 13.74 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.02.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 13.74 liters wine is recovered. There is no compliance of Section 100 Cr.P.C.
Patna High Court Cr.Misc. No.13994 of 2018(2) dt.09-03-2018 2/2
On behalf of the State, it is submitted that the 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 Additional Sessions Judge-II-cum-Special Judge, Begusarai in connection with Khodawandpur P.S. Case No. 14 of 2018.
(Sudhir Singh, J)
Pankaj/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Whether the failure to comply with Section 100 Cr.P.C. is a ground to refuse bail.
2 provisions across 2 enactments
Rakesh Kumar
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
