Petitioner sought anticipatory bail in a Bihar Prohibition and Excise Act case involving liquor recovery. Court granted bail upon surrender within six weeks, requiring bond and sureties.
Release on anticipatory bail if petitioner surrenders within six weeks, furnishing bond and sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14167 of 2018
Arising Out of PS. Case No.-307 Year-2017 Thana- ROHTAS District- Rohtas
======================================================
Bipin Choudhary, S/o- Vinod Choudhary, resident of Village- Sundarganj, P.S.- Rohtas, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Deovind Kumar Singh For the Opposite Party/s : Mr. UPENDRA KUMAR ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 14-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 30(a), 34 and 37(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 15 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-accuseds namely Dhiraj Chauhan, Suraj Kumar and Golu ahmad. Except for this, there is no other substantive evidence to suggest the implication of the petitioner
Patna High Court Cr.Misc. No.14167 of 2018(2) dt.14-03-2018 2/2
in this case. It is alleged that 15 liters wine is recovered from the open field in an abandoned state. 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 Additional Sessions Judge-II-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Rohtas P.S. Case No. 307/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
Pankaj/-
U T
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail given lack of criminal antecedents and absence of evidence against his conscious possession.
Whether the FIR was regular under Section 100 Cr.P.C. necessitating bail.
Whether the quantum of bail amount and conditions are appropriate under Section 438(2) Cr.P.C.
Colour shows how this judgement treated each authority
nullReferred¶14
2 provisions across 2 enactments
Bipin Choudhary
The State of Bihar
Sudhir Singh
As recorded by the court registry
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