The High Court allowed bail to the petitioner accused under the Bihar Prohibition and Excise Act, 2016, directing him to furnish a bond of Rs.10,000 with two sureties and cooperate in the trial.
Petitioner enlarged on bail by 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.19286 of 2018
Arising Out of PS. Case No.-131 Year-2018 Thana- BANKA District- Banka
======================================================
Rajesh Kumar S/o Shuvendu Shekhar Kushwaha @ Shuvendu Mahto, R/o Village- Bariyarpur, P.S.- Pri Bazar, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar Gupta For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 24-04-2018
Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner is languishing in judicial custody since 18.02.2018 in connection with Banka P.S. Case No. 131 of 2018 for offences punishable under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the police personnel, is that on secret information that two persons in a motorcycle are carrying illicit liquor they were apprehended and from the possession of the petitioner 9 litres of foreign liquor was recovered. Accordingly, a seizure-list was prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and nothing has been recovered from his conscious possession, but it
Patna High Court Cr.Misc. No.19286 of 2018(2) dt.24-04-2018 2/2
is only on the high-handedness of the police that he has been made accused in the present case.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd, Banka, in connection with Banka P.S. Case No. 131 of 2018, subject to the condition that petitioner will cooperate in the investigation/ trial and provide all necessary information, failure of which will entail cancellation of his bail bonds.
(Nilu Agrawal, J)
Rajesh/-
U T
1 issue framed by the court
Whether the petitioner, charged with offences under the Bihar Prohibition and Excise Act, 2016, is entitled to bail by furnishing a bond.
1 provisions across 1 enactments
RAJESH KUMAR
STATE OF BIHAR
NILU AGRAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
