This order grants anticipatory bail to the petitioner, Mukesh Yadav, in a case under the Bihar Prohibition and Excise Act. The court fixed a six-week period for arrest or surrender and specified bond conditions including two sureties.
Released on anticipatory bail upon surrender within six weeks and furnishing a bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17981 of 2018
Arising Out of PS.Case No. -160 Year- 2017 Thana -KAUAKOL District- NAWADA
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Navin Sharma For the Opposite Party/s : Mr. Sri Tapeshwar Sharma
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 29-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Section-30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 4.5 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 as the alleged recovery is said to have been made from joint house of the petitioner where other family members also reside. Except for this, there is no other substantive
Patna High Court Cr.Misc. No.17981 of 2018 (2) dt.29-03-2018
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evidence to suggest the implication of the petitioner in this case. It is alleged that 4.5 liters wine is recovered from joint house of the petitioner. 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, Nawada in connection with Kawakol (Rupou) P.S. Case No. 160 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
A.K.V./U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a crime under the Bihar Prohibition and Excise Act.
Whether the conditions of Section 438 Cr.P.C. should be modified or laid down for this petitioner.
2 provisions across 2 enactments
Mukesh Yadav
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
