This high court order grants anticipatory bail to the petitioner, Rakesh Mandal, apprehending arrest in a prohibition case involving wine recovery, subject to bond and sureties.
Petitioner released on anticipatory bail upon surrender within six weeks, furnishing bond of Rs.10,000 with two sureties of similar amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21240 of 2018
Arising Out of PS. Case No.-19 Year-2018 Thana- CHIRAIYA District- East Champaran
======================================================
Rakesh Mandal, Son of Late Ramadhar Mandal, resident of VillageHaranrain, Police Station- Sikarganj, District- East champaran.
... ... Petitioner/s
Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Smt. Pushpa Sinha ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 13-04-2018 Heard learned counsel for the petitioner and learned APP
for the State.
The petitioner is apprehending his arrest in a case registered under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 2.7 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 made from the joint house of the petitioner where the other family members also reside. Except for this, there is no other substantive evidence to suggest the implication
Patna High Court Cr.Misc. No.21240 of 2018(2) dt.13-04-2018 2/2
of the petitioner in this case. It is alleged that 2.7 liters wine is recovered from the joint house of the petitioner as per the seizure list. 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, 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 Special Judge, Excise, East Champaran at Motihari in connection with Chiraiya (Sikarganj) P.S. Case No. 19 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving prohibition and excise offences.
3 provisions across 3 enactments
Rakesh Mandal
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
