In a criminal miscellaneous petition, the Patna High Court granted bail to petitioners accused of wine smuggling under Bihar Prohibition and Excise Act, 2016. The court fixed bail bonds of Rs. 10,000 with two sureties upon furnishing bail.
Release of petitioners on bail on furnishing bonds of Rs. 10,000 each 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.2836 of 2018
Arising Out of PS. Case No.-521 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Indrajeet Bhushan For the Opposite Party/s : Mr. AJAY KUMAR JHA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 23-02-2018 Heard learned counsel for the petitioners and learned
APP for the State.
The petitioners seeks bail in a case instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that about 95 liters wine is recovered.
It has been submitted on behalf of the petitioners that the petitioners are in custody since 11.12.2017 and have got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. Petitioners are alleged to be driver of the car in question and a co-passenger. It is
Patna High Court Cr.Misc. No.2836 of 2018(3) dt.23-02-2018 2/2
alleged that about 95 liters wine is recovered. There is no compliance of Section 100 Cr.P.C.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R/complaint case.
Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II, Gopalganj in connection with Excise Case No. 521 of 2017.
(Sudhir Singh, J)
Pankaj/-
1 issue framed by the court
Whether the petitioners are entitled to bail in the case for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Ravi Kumar
Vishal Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
