The Patna High Court granted anticipatory bail to the petitioner in a liquor contravention case under the Bihar Prohibition and Excise Act upon furnishing a bail bond and two sureties.
Petitioner released on anticipatory bail by furnishing Rs. 10,000 bond with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24732 of 2018
Arising Out of PS.Case No. -54 Year- 2018 Thana -MADANPURA District- AURANGABAD
======================================================
.... .... Petitioner/s Versus
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Sri Ahtash Ali Khan
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Section-30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 272 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 on the basis of disclosure made by the co-accused namely Bipin Bhuiyan. Except for this, there is no other substantive evidence to suggest the implication of the
Patna High Court Cr.Misc. No.24732 of 2018 (2) dt.27-04-2018
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petitioner in this case. It is alleged that 272 liters wine is recovered from Kundan Kumar, Basant Singh and Bipin Bhuiyan. 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 7th Additional Sessions Judgecum-Special Judge, Excise, Aurangabad in connection with Madanpur P.S. Case No. 54 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
A.K.V./U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving liquor contravention.
Whether the bail seeker fulfilled the requirements for anticipatory bail under Section 438 Cr.P.C.
2 provisions across 2 enactments
Prince Ravidas
State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
