High Court at Patna granted bail to the petitioner in a case involving recovery of 12 liters of wine and offences under IPC and Bihar Prohibition and Excise Act, directing surety bonds.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each to the Additional Sessions Judge-II, Siwan.
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.17685 of 2018
Arising Out of PS. Case No.-372 Year-2017 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
Amarnath Ram, Son of Late Bisarjan Ram, Resident of Village-Gaur Rouza, P.S. G.B. Nagar, District-Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr.Anish Chandra ====================================================== 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, 308 of the Indian Penal Code and Sections 30, 34, 36, 38 and 41 of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that 12 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.02.2018 There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 12 liters wine is recovered. There is no compliance of Section 100 Cr.P.C.
Patna High Court Cr.Misc. No.17685 of 2018(2) dt.03-04-2018 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, Siwan in connection with G.B. Nagar P.S. Case No. 372 of 2017.
(Sudhir Singh, J)
Pankaj/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in a case alleging offences under Sections 272, 273, 308 IPC and Sections 30, 34, 36, 38 and 41 of the Bihar Prohibition and Excise Act, 2016?
Whether the non-compliance of Section 100 Cr.P.C. regarding search would vitiate the bail application?
3 provisions across 3 enactments
Amarnath Ram
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
