Petitioner, in judicial custody for offences under Bihar Prohibition and Excise Act, 2016, filed a bail application. The High Court enlarged him on bail on furnishing a bond with sureties.
Petitioner enlarged on bail by furnishing a bond of Rs.10,000 with two sureties of like amount and undertaking to cooperate in investigation.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19374 of 2018
Arising Out of PS.Case No. -50 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI)
====================================================== Ramnath Prasad, S/o Late Samrup Sah, Resident of Village- Bara Jai Ram, P.S.- Chiraiya, District- East Champaran.
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== 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 31.01.2018 in connection with Excise Case No. 50 of 2018 arising out of P.R. No. 86 of 2018 for offences punishable under Section 30A of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the Excise Officials, is that near Kirana shop in a straw room, 12 liters of Nepali Saufi wine 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.
However, learned APP for the State opposes the prayer
Patna High Court Cr.Misc. No.19374 of 2018 (2) dt.24-04-2018
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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-IV-cum-Special Judge, Excise, East Champaran at Motihari in connection with Excise Case No. 50 of 2018 arising out of P.R. No. 86 of 2018, subject to the condition that petitioner will co-operate in the investigation and provide all papers necessary during investigation and will not tamper with the evidence failing which, his bail bonds will be cancelled.
(Nilu Agrawal, J)
Devendra/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail under Section 167(2) CrPC considering his custody under Bihar Prohibition and Excise Act, 2016.
RAMNATH PRASAD
THE STATE OF BIHAR
NILU AGRAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
