In an application for bail, the High Court at Patna allowed the release of the petitioner on bail bonds in a case involving offences under the IPC and Bihar Prohibition and Excise Act related to liquor recovery.
Release on bail upon furnishing bonds of Rs. 10,000 with two sureties of like amount.
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.19465 of 2018
Arising Out of PS. Case No.-25 Year-2018 Thana- BASANTPUR District- Siwan
======================================================
Anil Sah S/o Late Dineshwar Sah, R/o Village- Khori Pakar, P.S.- Basantpur, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Abhay Kumar - 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 12-04-2018
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, 420, 120(B), 201/34 of the I.P.C. and Sections 30(a), 38, 41(i) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that 3300 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 4.2.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the disclosure made by co-accused Ranjit Kumar Singh. Except for
Patna High Court Cr.Misc. No.19465 of 2018(2) dt.12-04-2018 2/2
this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. It is alleged that 3300 liters wine is recovered from six different vehicles. None of the vehicles in question belongs to 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./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 Second, Siwan in connection with Basantpur P.S. case No.25 of 2018.
Narendra/-
U T
(Sudhir Singh, J)
1 issue framed by the court
Whether bail should be granted to the petitioner in a prosecution under Sections 272, 273, 308, 420, 120B, 201/34 of the IPC and Sections 30(a), 38, 41(i) of the Bihar Prohibition and Excise Act, 2016
9 provisions across 2 enactments
Anil Sah
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
