Granted bail to the petitioner, a truck driver, in a case involving the recovery of 1420.5 liters of wine. The petitioner must furnish a bail bond of Rs. 10,000 with two sureties of the like amount.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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.16298 of 2018
Arising Out of PS.Case No. -15 Year- 2018 Thana -SAKRA District- MUZAFFARPUR
======================================================
.... .... Petitioner/s
Versus 1. The State of Bihar.
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 03-04-2018 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 Sections30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that 1420.5 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-01-2018 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 1420.5 liters wine is recovered from the truck in question. The petitioner is alleged to
Patna High Court Cr.Misc. No.16298 of 2018 (2) dt.03-04-2018
Page 2 of 2
be driver of the truck. He had no knowledge regarding the nature of goods booked by transporter. 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 Act, Muzaffarpur in connection with Sakra P.S. Case No. 15 of 2018.
(Sudhir Singh, J)
A.K.V./U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case concerning offences under Sections 272, 273 IPC and Sections 30(a), 41 of the Bihar Prohibition and Excise Act, 2016.
3 provisions across 3 enactments
Menpal
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
