This order grants anticipatory bail to the petitioner in a prohibition and excise case involving recovery of wine. The petitioner was granted bail on furnishing bonds and appears on the disclosure of a co-accused.
Conditional anticipatory bail granted for six weeks upon furnishing bail bonds of Rs. 10,000 with two sureties.
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.21931 of 2018
Arising Out of PS. Case No.-70 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran
======================================================
Jairam Sahani S/o Jokhu Sahani, R/o Village- Ajgarwa, P.S.- Banjaria, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Mishra For the Opposite Party/s : Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 17-04-2018
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, 273/34 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 4 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 come on the disclosure of co-accused Binod Sahni. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case.
Patna High Court Cr.Misc. No.21931 of 2018(2) dt.17-04-2018 2/2
It is alleged that 4 liters wine is recovered from co-accused Binod Sahni. 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 Addl. Sessions Judge IVth-cum-Special Judge, Excise, East Champaran, Motihari in connection with Muffassil (Lakhaura) P.S. case No.70 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving recovery of liquor.
4 provisions across 3 enactments
Jairam Sahani
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
