Petitioner challenged his detention in a prohibition case involving liquor recovery. The High Court granted bail upon furnishing a bond with sureties, noting non-compliance with statutory seizure requirements.
Petitioner to be released on bail by furnishing bonds of Rs. 10,000 with 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.14037 of 2018
Arising Out of PS. Case No.-8 Year-2018 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur
======================================================
Manikesh Kumar S/o Santosh Kumar @ Santosh Kumar Singh, R/o VillageDaudpur, P.S.- Paroo, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Upendra Kumar Chaubey For the Opposite Party/s : Mr.NAND KISHORE PD ====================================================== 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 Sections 272, 273 of the Indian Penal Code and Sections 30(a), 38(2), 41(1) and 47 of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that 138 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.01.2018 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 138
Patna High Court Cr.Misc. No.14037 of 2018(2) dt.09-03-2018 2/2
liters wine is recovered. 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/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 Special Judge, Excise, Muzaffarpur in connection with Town P.S. Case No. 8/2018 corresponding to G.R. No. 11/2018.
(Sudhir Singh, J)
Pankaj/-
2 issues framed by the court
Whether the petitioner deserves release on bail for offences under the Bihar Prohibition and Excise Act and IPC.
Whether the recovery of wine warrants a stricter bail policy without compliance of Section 100 Cr.P.C.
2 provisions across 2 enactments
Manikesh Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
